BOARD  OF  RAPID  TRANSIT  RAILROAD  COMMIS- 
SIONERS, CITY  OF  NEW  YORK. 


CONTRACT 

FOR 

CONSTRUCTION  AND  OPERATION 

OF 

RAPID  TRANSIT  RAILROAD 

(MANHATTAN  AND  THE  BRONX.) 
WITH 

SUPPLEMENTAL  AGREEMENTS 

TO 
NOVEMBER    24*11,  1903 


Contract  Dated,  February  mst,  igoo 


BOARD  OF  RAPID  TRANSIT  RAILROAD  COMMIS- 
SIONERS, CITY  OF  NEW  YORK. 


CONTRACT 


FOR 


CONSTRUCTION  AND  OPERATION 


OF 


RAPID  TRANSIT  RAILROAD 


Approved  as  to  form  this  nth  day  of 
October, 


JOHN    WHALEN 

Corporation  Counsel 

of  the  City  of  New  York. 


2 

H(jrCCttlCntt  made  this  2ist  day  of  February,  1900, 
between  THE  CITY  OF  NEW  YORK,  hereinafter  called  the 
City,  acting  by  THE  BOARD  OF  RAPID  TRANSIT  RAILROAD 
COMMISSIONERS  FOR  THE  CITY  OF  NEW  YORK,  hereinafter 
called  the  Board,  party  of  the  first  part,  and  JOHN  B. 
MCDONALD,  of  the  City  of  New  York,  hereinafter  called 
the  Contractor,  party  of  the  second  part. 

WHEREAS,  the  Board,  in  behalf  of  the  City,  by  due  ad- 
vertisement pursuant  to  law,  of  a  notice  for  proposals, 
which  is  substantially  in  the  form  hereto  annexed,  and 
entitled  Invitation  to  Contractors  has  invited  Con- 
tractors to  submit  to  the  Board  proposals  for  making  this 
contract;  and 

WHEREAS,  the  Contractor  has  thereupon  duly  submit- 
ted to  the  Board  a  proposal  in  the  form  hereto  annexed 
and  entitled  Contractor's  Proposal— 

1RO W,  tbCtCfOrC,  in  consideration  of  the  said  In- 
vitation to  Contractors  and  the  said  Contractor's  Proposal 
and  of  the  mutual  stipulations  and  covenants  hereinafter 
contained,  and  under  the  authority  of  chapter  4  of  the 
laws  of  1891,  entitled,  "An  Act  to  provide  for  Rapid 


Chapter  I. — General.  t  3 

"Transit  Railroads  in  Cities  of  over  one  million  Inhab- 
itants," and  of  the  various  acts  amending  the  same,  the 
parties  hereby  do,  the  City  for  itself  and  its  successors 
and  the  Contractor  for*  himself,  his  heirs,  executors  and 
administrators,  H0TCC  each  with  the  other  as  follows: 

CHAPTER    L— GENERAL. 

The  Contractor  agrees  with  the  City  to  fully  construct   Outline  of 

Contract. 

and  equip  the  Rapid  Transit  Railroad  upon  the  Routes 
and  General  Plan  hereinafter  mentioned,  and  to  put  the 
same  in  operation  and  thereafter  to  use,  maintain  and 
operate  the  same  under  a  lease  thereof  from  the  City  for 
the  term  of  fifty  years. 

The  said  railroad  is  for  the  purposes  of  this  contract 

divided  into  four  sections,  as  follows : — 

Construction 
to  be  by 

Section  I.  shall  include  all  of  the  railroad  from  the   Sections, 
southern  terminus  thereof  at  the  City  Hall  to  and  includ- 
ing a  station  at  59th  street. 

Section  II.  shall  include:  (a)  All  of  the  railroad  on 
the  west  side  north  of  such  station  at  59th  street,  to  and 
including  a  station  at  the  intersection  of  I37th  street  and 
Boulevard;  and  (&)  All  of  the  railroad  on  the  east  side 
from  I03rd  street  and  Boulevard  to  and  including  a  sta- 
tion at  the  intersection  of  13 5th  street  and  Lenox  avenue. 


*Here  insert,  if  a  corporation,  itself  and  its  successors;  if  a 
single  individual,  himself,  his  heirs,  executors  and  administra- 
tors; if  several  individuals,  themselves,  their  heirs,  executors 
and  administrators,  jointly  and  severally. 


^259801 


4  Chapter  I. — General. 

9 

Section  III.  shall  include:  (a)  All  of  the  railroad  on 
the  west  side  north  of  such  station  at  I37th  street  to  and 
including  a  station  at  Fort  George;  and  (b)  All  of  the 
railroad  on  the  east  side  from  the  said  station  at  13 5th 
street  to  and  including  a  station  at  Melrose  avenue. 


Section  IV.  shall  include:  (a)  All  the  railroad  on  the 
west  side  north  of  such  station  at  Fort  George;  and  (b} 
All  of  the  said  Railroad  on  the  east  side  north  of  such 
station  at  Melrose  avenue. 


The  City  expects  that  the  Railroad  will  be  so  con- 
structed, used,  maintained  and  operated  by  the  Contractor 
along  all  the  routes  and  according  to  the  entire  General 
Plan.  But  the  City  desires  to  restrict  its  entire  pecuniary 
liability  for  rapid  transit  at  any  one  time  within  limits 
which  it  deems  to  be  consistent  with  its  other  obligations 
and  interests.  The  Railroad  is,  therefore,  to  be  constructed 
and  equipped  in  sections.  The  Contractor  shall  begin 
with  Section  I.  If  and  when  thereafter  the  City  shall  so 
elect  the  Contractor  shall  construct  Section  II.  If  and 
when  thereafter  the  City  shall  so  elect  the  Contractor  shall 
construct  Section  III.  If  and  when  thereafter  the  City 
shall,  so  elect  the  Contractor  shall  construct  Section  IV. 

Such  elections  by  the  City  shall  be  respectively  made 
within  and  not  after  the  periods  hereinafter  prescribed. 


Chapter  I. — General.  5 

The  City  shall  pay  to  the  Contractor  for  Construc- 
tion of  the  Railroad  as  follows:  If  it  shall  consist  only 
of  Section  I  then  the  sum  of  Fifteen  million  dollars 
($15,000,000)  ;  if  it  shall  consist  of  only  Sections  I  and 
II,  then  the  sum  of  Twenty-six  million  dollars 
($26,000,000)  ;  if  it  shall  consist  of  only  Sections  I,  II 
and  III,  then  the  sum  of  Thirty-two  million  dollars 
($32,000,000)  ;  and  if  it  shall  include  all  four  sec- 
tions, then  the  sum  of  Thirty-five  million  dollars 
($35,000,000)  ;  and,  in  addition  to  the  foregoing,  the  sum 
of  One  million  dollars  ($1,000,000)  for  terminals;  and, 
further,  in  addition  to  the  foregoing,  a  sum  for  real  estate 
as  follows :  If  the  Railroad  shall  consist  only  of  Section 
I,  the  sum  of  One  hundred  and  seventy  thousand  dollars 
($170,000)  ;  if  only  of  Sections  I  and  II,  the  sum  of  Three 
hundred  and  seventy  thousand  dollars  ($370,000)  ;  if  only 
of  Sections  I,  II  and  III,  the  sum  of  Four  hundred  and 
sixty  thousand  dollars  ($460,000)  ;  and,  if  the  Railroad 
include  all  four  sections,  then  the  sum  of  Five  hundred 
thousand  dollars  ($500,000), — Provided,  however,  that  all 
such  payments  shall  be  subject  to  modification  as  herein- 
after provided. 

In  no  event  does  the  City  assume,  nor  shall  it  be  deemed 
to  assume,  any  liability  of  any  character  for  or  by  reason 
of  Sections  II,  III  or  IV,  or  either  of  them,  except  upon 
its  successive  elections  to  construct  the  same  as  herein- 
after expressly  provided. 


Rental  under 
Lease. 


Divisions    and 
Construction  of 
the  Contract. 


Definitions  of 
words : 


6  Chapter  I. — General. 

The  Contractor  shall  pay  to  the  City  as  annual  rental 
under  such  lease,  the  sums  to  be  fixed  and  ascertained  in 
the  manner  stated  in  Chapter  III.  hereof. 

This  contract,  besides  this  present  Chapter  I.,  General, 

includes  hereinafter  the  following  divisions :  Chapter 
II. — Agreement  for  Construction;  and  Chapter  III. — 
Agreement  for  Operation — the  Lease. 

The  three  chapters  and  all  the  provisions  of  this  con- 
tract are  and  shall  be  construed  as  a  single  instrument. 
But,  if,  between  the  provisions  of  the  Agreement  for  Con- 
struction and  the  provisions  of  the  Lease,  there  shall  be 
any  inconsistency,  the  provisions  of  the  Lease  shall  con- 
trol. 

The  Contractor  shall  so  construct  and  equip  the  Rail- 
road as  to  fully  and  strictly  meet  all  the  requirements  and 
exigencies  of  the  operation  thereof  as  provided  in  the 
Lease.  The  respective  obligations  of  the  City  and  the 
Contractor  in  or  relating  to  the  use  or  operation  of  the 
Railroad,  or  as  lessor  or  lessee  shall  be  ascertained  solely 
from  this  Chapter  I.,  General  (including  the  Copy  of  the 
Routes  and  Geenral  Plan,  but  none  other  of  the  papers 
appended  to  this  Contract),  and  Chapter  III.,  the  Lease. 

The  following  words  and  expressions  used  in  this  con- 
tract shall,  except  where  by  the  context  it  is  clear  that 


Chapter  I. — General.  7 

another  meaning  is  intended,  be  construed  as  follows : 

(i.)  The  word  "City"  to  mean  the  City  of  New  York,  "Clty-" 
and  any  other  corporation  or  division  of  government  to 
which  the  ownership,  rights,  powers  and  privileges  of 
the  City  of  New  York  or  the  Mayor,  Aldermen  and  Com- 
monalty of  the  City  of  New  York,  under  the  Rapid  Tran- 
sit Act,  shall  hereafter  come,  belong  or  appertain. 

(2.)  The  word  "Board"  to  mean  the  Board  of  Rapid  "Board." 
Transit  Railroad  Commissioners  for  the  City  of  New 
York,  and  any  other  board,  body,  official  or  officials,  to 
which  or  to  whom  the  powers  now  belonging  to  the  said 
Board  shall,  by  virtue  of  any  act  or  acts  hereafter  pass 
or  be  held  to  appertain. 

(3.)   The  word  "Contractor"  to  mean  the  party  of  the    "Contractor." 
second  part  to  this  contract,  and*  his  executors,  admin- 
istrators and  assigns,  and  any  and  every  person  or  cor- 
poration who  or  which  shall  at  any  time  be  liable  in  the 
place  or  for  the  party  of  the  second  part  to  perform  an-,r 


*Here  insert,  as  the  case  may  be,  either  its  successors  or  his 
executors,  administrators  and  assigns,  or  their  executors,  ad- 
ministrators and  assigns. 


"Comptroller. 


"Engineer." 


"Railroad." 


8  Chapter  I. — General. 

obligations  under  this  contract  assumed  by  the  said  party 
of  the  second  part.  For  convenience  the  Contractor  is 
hereinafter  spoken  of  as  if  the  Contractor  were  a  corpora- 
tion. The  word  "it"  shall  include  "him,"  "her"  ami 
"them,"  and  the  word  "its"  shall  include  "his,"  "her"  and 
"their." 

(4.)  The  word  "Comptroller"  to  mean  the  Comptroller 
of  the  City  of  New  York,  and  the  officer  or  board  to  whom 
or  to  which  his  powers  now  existing  under  the  Rapid 
Transit  Statute  shall  come  to  appertain. 

(5.)  The  word  "Engineer"  to  mean  the  present  Chiuf 
Engineer  of  the  Board  and  any  successor  or  successors 
duly  appointed  or  any  deputy  or  substitute  for  him  who 
shall  be  appointed  by  the  Board  or  by  its  authority. 

(6.)  The  word  "Railroad"  to  mean  the  section  or  sec- 
tions which  the  Contractor  shall  be  bound  to  build,  with 
all  stations  and  real  estate  belonging  to  and  used  in  con- 
junction therewith,  and  all  appurtenances  thereto  and  all 
other  property  to  be  used  thereon  or  in  conjunction  there- 
with, and  which  under  this  contract  are  to  be  constructed 
or  provided  by  the  Contractor  and  by  the  Contractor  to 


Chapter  I. — General.  9 

be  maintained  and  operated,  but  excepting,  however,  the 
Equipment. 

(7.)   The  words  "Rapid  Transit  Statute"  to  mean  cfiap-  "Rapid  Transit 

Statute." 

ter  4  of  the  laws  of  1891  as  amended  by  chapters  102  and 
556  of  the  laws  of  1892,  chapters  528  and  752  of  the  laws 
of  1894,  chapter  519  of  the  laws  of  1895,  and  chapter  729 
of  the  laws  of  1896. 

(8.)  The  word  "Equipment"  to  mean  all  equipment  "Equipment." 
used  or  intended  for  use  on  the  Railroad,  including  all 
motors,  cars,  whether  used  for  passengers,  freight,  ex- 
press or  any  other  purpose,  and  all  other  rolling  stock,  all 
boilers,  engines,  wires,  ways,  conduits,  mechanisms,  ma- 
chinery, power  houses,  all  real  estate  upon  which  any  such 
power  houses  shall  stand  or  which  shall  be  necessary  for 
the  generation  or  transmission  of  motive  power,  and  all 
tools,  implements  and  devices  of  every  nature  whatsoever 
used  for  such  generation  or  transmission  of  motive  power, 
and  also  all  apparatus  and  devices  for  lighting,  signalling 
and  ventilation, — whether  such  equipment  be  situate  on  or 
near  or  separate  from  the  railway,  provided  that  the  same 
be  used  or  intended  for  use  in  connection  therewith  or  for 
any  of  its  purposes,  and  including  all  such  equipment  in 


10 


Chapter  I. — General. 


"Agreement    for 
Construction." 


"Lease." 


"Rental." 


"Construction. 


existence  at  any  time  during  or  at  the  end  of  the  term  of 
the  Lease.  Provided,  however,  that  no  real  estate  or 
rights  therein  or  thereon  paid  for  by  the  City  or  acquired 
for  terminals,  roadbed,  stations  or  otherwise  for  construc- 
tion of  the  Railroad  shall  be  included  in  Equipment. 

(9.)  The  words  "Agreement  for  Construction"  to  mean 
the  provisions  of  Chapter  II.  of  this  contract  as  explained 
or  modified  by  the  provisions  of  this  chapter. 

(10.)  The  word  "Lease"  to  mean  the  provisions  of 
Chapter  III.  of  this  contract  as  modified  or  explained  by 
the  provisions  of  this  chapter. 

(n.)  The  words  "New  York"  to  mean  the  City  of 
New  York  according  to  its  boundaries  at  the  date  of  this 
contract. 

(12.)  The  word  "Rental"  to  mean  all  the  payments  to 
be  made  by  the  Contractor  to  the  City  as  provided  in  the 
Lease,  whether  being  the  equivalent  of  interest  or  other- 
wise. 

(13.)  The  word  "Construction"  to  mean  all  the  work 
of  constructing  the  Railroad,  including  the  doing  of  work, 
the  providing  of  materials,  the  complete  furnishing  of  the 
equipment  of  the  Railroad,  the  restoration  and  reconstruc- 
tion of  street  surfaces,  sewers  and  other  sub-surface  struc- 
tures, and  all  other  work  or  materials  to  be  done  or  fur- 
nished of  every  nature  whatsoever  under  the  Agreement 
for  Construction. 


Chapter  I. — General.  u 

(14.)   The  word  "Operation"  to  mean  operating  and   "Operation." 
maintaining  the  Railroad  according  to  the  provisions  of 
the  Lease. 

(15.)  The  words  "daily  newspaper"  to  mean  any  paper   "Daily 

newspaper." 

regularly  published  in  the  City  of  New  York  on  every 
day  or  every  day  except  Sundays  and  holidays. 

(16.)  The  word   "notice"  to  mean  a  written  notice.   "Notice." 
Every  such  notice  to  be  served  upon  the  Contractor,  or 
upon  any  surety  if  not  delivered  personally,  shall  either 
be  delivered  at  such  office  in  the  City  of  New  York  as 
shall  have  been  designated  by  the  Contractor  or  surety, 
or  shall  be  mailed  by  deposit  in  the  general  postoffice  in 
the  City  of  New  York,  postage  prepaid,  addressed  to  the 
office  so  designated,  or  to  such  office  as  the  Contractor 
shall  designate  by  written  notice  delivered  to  the  Board, 
or  if  no  such  office  shall  have  been  designated,  or  if  such 
designation  shall  have  for  any  reason  become  inoperative, 
then  addressed  to  the  person  or  corporation  intended  at 
the  City  of  New  York.     Such  delivery  or  mailing  shall 
be  equivalent  to  direct  personal  notice. 

The  contract  is  made  pursuant  to  the  Rapid  Transit   Statutes  incor- 
porated herein. 
Statute  which  is  to  be  deemed  a  part  hereof  as  if  it  were 

incorporated  in  every  chapter  hereof. 


Security  by 
Contractor. 


Deposit  of 
$1,000,000. 


12  Chapter  I. — General. 

Simultaneously  with  the  execution  of  this  contract  the 
Contractor  shall  give  security  for  the  performance  of  i:s 
obligations  both  under  the  Agreement  for  Construction 
and  under  the  Lease  as  follows : 

I. — For  Construction: 

A. — By  depositing  with  the  Comptroller  the  sum  of 
One  million  dollars  ($1,000,000)  in  cash. 

The  City  shall  collect  all  interest,  dividends  or  other 
income  on  the  cash  or  securities  so  held  or  deposited. 

The  said  deposit  whether  in  cash  or  securities,  in  the 
form  and  as  the  same  shall  at  any  time  be.,  shall  be  se- 
curity for  the  faithful  performance  by  the  Contractor  of 
all  the  covenants,  conditions  and  requirements  specified 

and  provided  for  in  the  Agreement  for  Construction.  In 
case  of  any  default  on  the  part  of  the  Contractor  in  such 
performance,  and  in  the  further  case  that  the  City  shall 
for  or  by  reason  of  such  failure,  whether  by  reason  of 
employment  of  another  contractor  or  contractors  or  other- 
wise, incur  or  become  liable  for  expense  through  such  de- 
fault as  in  the  Agreement  for  Construction  provided,  then 
the  Comptroller  shall  forthwith  pay  and  apply  to  the 
use  of  the  city  from  such  deposit  of  $1,000,000,  or 


Chapter  I. — General.  13 

from  the  portion  of  the  deposit  remaining  at  the  time,  the 
amount  of  such  expense. 

The  Comptroller  may,  in  order  to  make  such  payment 
and  application  to  the  use  of  the  City,  sell  at  public  auc- 
tion in  the  City  of  New  York  any  of  the  securities  which 
may  then  constitute  part  of  such  deposit  upon  notice  to  be 
published  in  four  (4)  daily  newspapers,  the  first  publica- 
tion to  be  as  much  as  ten  (10)  days  before  the  sale  and 
such  publication  to  be  made  three  (3)  times  within  such 
ten  days.  The  Comptroller  shall,  from  the  proceeds  of 
any  such  sale,  deduct  all  expenses  thereof  and  of  such  ad- 
vertisement, and  shall  pay  and  apply  to  the  use  of  the  City 
so  much  of  the  residue  as  may  be  necessary  for  the  pur-- 
pose aforesaid.  And  the  Contractor  within  ten  ( 10)  days 
after  notice  from  the  Board  so  to  do  shall  thereupon  by 
further  deposit  of  money  or  securities  of  the  character 
aforesaid  approved  by  the  Board  restore  the  said  deposit 
with  the  Comptroller  to  the  full  amount  and  value  of  One 
million  dollars  ($1,000,000).  In  addition  to,  or  in  lieu 
of,  the  sale  above  provided  for,  the  Board  may,  in  the 
name  of  and  in  behalf  of  the  City  bring  any  appropriate 
suit  or  proceeding  in  any  proper  Court  to  enforce  the  lien 
and  claim  of  the  City  in  and  upon  the  sai4  deposit 
whether  such  deposit  be  in  money  or  securities. 


14  Chapter  I. — General. 

If  at  any  time  when  the  Contractor  shall  otherwise  be 
entitled  to  a  return  of  the  said  deposit,  as  hereinafter  pro- 
vided, there  shall  be  pending  any  claim  for  damages  or 
loss  caused  to  others  by  the  negligence,  fault  or  default 
of  the  Contractor,  for  which  it  shall  be  claimed  that  the 
City  shall  be  liable,  then  and  in  that  case  the  said  deposit, 
or  such  part  thereof  as  the  Board  shall  fix,  shall,  upon 
the  requirements  of  the  Board,  be  reserved  by  the  Comp- 
troller for  a  reasonable  time  as  security  to  the  City  against 
such  claims.  And  the  amount  of  any  such  damages  or 
costs  paid  by  the  City  to  others  or  for  which  the  City 
shall  be  liable  to  others,  shall  be  deducted  from  the  said 
deposit  before  the  same  shall  be  returned  to  the  Con- 
tractor as  hereinafter  provided. 

When  the  Contractor  shall  have  fully  completed  the 
Construction  and  Equipment  of  the  Railroad  according  co 
the  terms  of  this  contract,  and  the  operation  of  the  same 
shall  have  begun  pursuant  to  this  contract,  the  Board 
shall  so  certify,  and  upon  such  certificate,  the  Comptroller 
shall  pay  and  deliver  to  the  Contractor  the  said  deposit, 
or  so  much  thereof  as  shall  not  have  been  reserved  or 
used  or  applied  for  any  of  the  purposes  above  mentioned 
and  the  Contractor  shall  also  then  be  entitled  to  be  cred- 


Chapter  I. — General.  15 

ited  upon  the  Rental  with  a  sum  which  shall  be  equal,  .is 
the  case  may  be,  either  to  the  interest  on  the  said  deposit 
(if  made  in  cash)  from  the  time  of  such  deposit  at  the 
rate  of  interest  provided  for  in  the  bonds  which  shall 
have  been  issued  and  sold  by  the  City  to  provide  for  the 
construction  of  the  Railroad,  or  to  the  interest,  dividends 
or  other  income  which  the  City  shall  have  received  from 
the  said  securities.  If,  however,  any  of  the  cash  so  de- 
posited shall  have  been  used  or  applied  for  any  of  the 
purposes  above  mentioned,  then  the  Contractor  shall  not 
be  entitled  to  credit  for  interest  on  the  amount  of  cash 
so  applied  from  the  time  of  such  application. 

B. — By  filing  with  the  Comptroller  a  bond  executed  by 
the  Contractor  and  by  two  or  more  sureties  to  be  cor- 
porations or  persons  approved  by  the  Board  in  the  sum 
of  Five  million  dollars  ($5,000,000),  the  said  bond  to  be 
substantially  in  the  form  hereto  annexed  and  entitled 
Bond  for  Construction  and  Equipment.  Every 
surety  upon  such  bond  shall  be  bound  for  at  least  Five 
hundred  thousand  dollars  ($500,000)  of  the  penalty  and 
justify  in  double  the  amount  for  which  such  surety  shall 
be  bound. 


16  Chapter  I. — General. 

Bond.  II.— For  Rental  and  also  for  Construction:     By  filing 

with  the  Comptroller,  a  bond  executed  by  the  Contractor 
and  by  sureties  approved  by  the  Board, — in  the  sum  cf 
One  million  dollars  ($1,000,000),  the  said  bond  to  be 
substantially  in  the  form  hereto  annexed  and  entitled 
Continuing  Bond. 

In  case  any  of  the  sureties  upon  either  the  Bond  fo* 
Construction  and  Equipment  or  the  Continuing  Bond  shall 
become  insolvent  or  unable  in  the  opinion  of  the  Board 
promptly  to  pay  the  amount  of  such  bond  to  the  extent 
of  which  such  surety  might  be  liable,  then  the  Contractor 
within  thirty  days  after  notice  by  the  Board  to  the  Con- 
tractor shall,  by  supplemental  bond  or  otherwise,  substi- 
tute another  and  sufficient  surety  to  be  approved  by  the 
Board  in  place  of  the  surety  so  insolvent  or  unable.  If 
the  Contractor  shall  fail,  within  such  thirty  days  or  such 
further  time  as  the  Board  may  grant,  to  so  substitute  an- 
other and  sufficient  surety,  then  the  Contractor  shall,  for 
all  the  purposes  of  this  contract,  be  deemed  to  be  in  de- 
fault in  the  performance  of  its  obligations  hereunder,  and 
the  Board  may  terminate  the  contract  or  may  bring  anv 
proper  suit  or  proceeding  against  the  Contractor  or  the 
sureties,  or  either  of  them,  or  may  require  to  be  deducted 


Chapter  I. — General.  17 

from  any  moneys  then  in  or  thereafter  coming  into  the 
hands  of  the  City  and  due  to  the  Contractor  the  amount 
for  which  the  surety  insolvent  or  unable  as  aforesaid  shall 
have  justified  on  said  bond;  and  the  moneys  so  deducted 
shall  be  held  by  the  Comptroller  as  collateral  security  for 
the  performance  of  the  conditions  of  the  said  bond. 

The  City  shall  also  have  a  first  lien  upon  the  Equip-    City's  Lien  on 

Equipment. 

ment  as  further  security  for  the  faithful  performance  by 
the  Contractor  of  the  covenants,  conditions  and  agree- 
ments of  this  contract  on  its  part  to  be  fulfilled  and  per- 
formed. Such  lien  shall  arise  immediately  upon  the  ac- 
quisition by  the  Contractor  of  any  part  of  the  Equipment 
for  use  on  or  in  connection  with  the  Railroad  or  any  part 
of  it,  or  intended  for  such  use,  whether  or  not  such  equip- 
ment be  set  up  or  delivered  upon  or  at  the  railway.  The 
Board  may  from  time  to  time,  by  concurrent  vote  of  six 
(6)  members  thereof,  relieve  from  such  lien  any  of  the 
property  to  which  the  same  may  attach  upon  the  pro- 
vision of  additional  property  equivalent  in  value  and  in  the 
convenience  and  certainty  with  which  the  lien  thereon  is 
enforceable  to  the  property  which  it  is  proposed  to  release, 
and  upon  such  terms  as  to  the  Board,  by  such  concurrent 
vote,  shall  seem  just. 


i8  Chapter  I. — General. 

Remedies.  in  case  of  default  by  the  Contractor  the  City  shall  have 

the  following  remedies : 

On  Contractor's  I.— In  case  the  Contractor  shall  fail  to  complete  the 

default  m  Con- 
struction or 

Equipment,—  Construction  or  Equipment  of  the  Railroad,  or  shall  at 

City  may 
complete  in 

behalf  of  Con-         any  time  fail  to  proceed  with  such  Construction  or  Equip- 

tractor  and  hold 

Contractor 

''able;  ment  with  reasonable  diligence,  or  so  that  it  shall  not  be 

reasonably  probable  that  the  same  will  be  completed  and 
equipped  within  the  period  herein  prescribed  therefor, 
then  and  in  any  such  case  the  Board  upon  a  notice  to  the 
Contractor  of  not  less  than  ten  days  may — 

(/)  By  resolution  declare  the  Contractor  to  be  in  de- 
fault; and  the  City  by  the  Board  in  addition  to  every, 
cr  in  substitution  for  any  other,  remedy  which  it  may 
have  by  law  or  hereunder,  may  forthwith,  so  far  as  the 
City  may  now  have  or  may  hereafter  secure  statutory 
powei ,  procure  by  contract  or  otherwise,  the  completion  of 
such  Construction  and  Equipment ;  and  the  City  may  to 
the  extent  of  the  cost  of  such  completion  of  the  Con- 
struction and  Equipment  and  interest  thereon  withhold 
arid  apply  thereon  any  moneys  otherwise  due  or  to  become 
due  by  the  City  to  the  Contractor,  and  the  Contractor  shall 


Chapter  I. — General.  19 

be  liable  to  the  City  and  shall  forthwith  pay  to  the  City 
the  excess,  if  any,  of  the  cost  to  the  City  of  the  completion 
of  such  Construction  and  Equipment  over  the  amount 
payable  to  the  Contractor  therefor  under  the  terms  of  this 
contract.  And  such  completion  by  the  City  shall  not  re- 
lease or  discharge  the  Contractor  from  liability  for  Rental, 
or  any  other  liability  hereunder.  Or 

(2}   By  resolution  declare  this  contract  at  an  end  ex-   or  make  new 

Contract. 

cept  as  to  the  liability  of  the  Contractor  hereinafter  in  this 
paragraph  provided,  and  may  make  a  new  contract  for 
Construction  and  Equipment,  upon  advertisement  of  a 
new  invitation  to  contractors,  upon  such  terms  as  the 
Board  may  deem  proper;  the  same  to  provide  among 
other  things  that  the  new  contractor  shall  allow  for  so 
much  of  Construction  and  Equipment  as  has  been  already 
completed,  such  reasonable  amount  as  the  Board  may 
deem  proper;  and  in  such  case  the  Contractor  shall  pay 
the  City  all  damage  which  the  City  shall  sustain  by  reason 
of  such  failure,  including  the  excess,  if  any,  of  the  amount 
which  the  City  shall  pay  the  new  contractor  over  the 


2O  Chapter  I. — General. 

amount  it  would  have  had  to  pay  the  Contractor,  party 
hereto,  for  the  same  work  or  materials,  and  without  de- 
duction therefrom  because  of  any  increase  of  rental  which 
the  City  may  secure  from  the  new  contractor.  Or 

or  proceed  upon          /~\  The  City  may  proceed  as  to  the  Board  shall  seem 
Bond  of  Constn. 

proper  upon  the  Bond  for  Construction  and  Equipment. 

On  default  in  II.— In  case  of  default  of  the  Contractor  in  paying  the 

payment  of  rent 

hererader,—  Rental  herein  provided  or  in  case  of  the  failure  or  neglect 

of  the  Contractor  faithfully  to  observe,  keep  or  fulfill  any 
of  the  conditions,  obligations  and  requirements  of  this 
contract,  the  City,  by  the  Board,  may : 


City  may  (r)  After  notice  to  the  Contractor  of  at  least  ten  days, 

take   possession, 

take  possession  of  the  Railroad  and  Equipment,  and,  as 

the  agent  of  the  Contractor,  either— 


and,  as  agent  (a)  Maintain  and  operate  the  Railroad  and  use  thereon 

of  the  Contractor, 

roadf C  the  Equipment  (without  commencing  any  proceeding  for 

the  enforcement  of  its  lien  thereon)  for  the  full  unex- 
pired  term  of  the  Lease  or  such  shorter  period  as  the 
Board  may  determine ;  or 


Chapter  I. — General.  21 

(6)  Enter  into  a  contract  with  some  other  person,  firm  or  make  a 

sub-contract ; 

or  corporation  for  the  maintenance  and  operation  of  the 
Railroad  and  use  of  the  equipment,  retaining  out  of  the 
proceeds  of  such  operation  after  the  payment  of  the  nec- 
essary expenses  of  operation,  maintenance  and  use,  the 
said  annual  rental  and  paying  over  the  balance,  if  such 
there  be,  to  the  Contractor;  and  if  the  proceeds  of  the 
Operation  of  the  Railroad  after  the  payment  of  the  neces- 
sary expenses  of  operation  and  maintenance,  including  the 
keeping  in  repair  of  the  rolling  stock  and  rest  of  the 
Equipment,  shall  in  any  year  be  less  than  the  annual 
rental,  then  and  in  every  such  case,  the  Contractor  and 
its  bondsmen  on  the  Continuing  Bond  shall  be  and  con- 
tinue jointly  and  severally  liable  to  the  City  for  the 
amount  of  such  deficiency  until  the  end  of  the  full  term 
for  which  the  Lease  was  originally  made.  Or 

(2)   The  City  may  upon  reasonable  notice  to  the  Con-   or  may  terminate 

contract ;  0 

tractor,  and  after  reasonable  notice  to  the  Contractor  to 
make  good  the  default,  terminate  this  contract;  and  in 
such  case  the  Contractor  shall  be  liable  to  the  City  for 
all  damage  by  reason  of  such  default.  Or 


22  Chapter  I. — General. 

or  may  sue  or  (3)   The  City  may  by  the  Board  or  otherwise,  bring 

enforce  Lien  on 
Equipment ; 

such  suit  or  proceeding  as  it  may  deem  proper,  to  enforce 

its  lien  upon  the  Equipment  or  for  any  other  purpose. 
Or 


or  use  Remedies  (4)   The    Citv    may  avail  itself  of  any  or  all  of    the 

of  Landlord; 

remedies  hereinbefore  provided,  which  are  not  inconsist- 
ent with  one  another  or  of  any  other  remedy  provided  by 
law  in  the  case  of  landlord  and  tenant. 

Enforcement  of  In  case  the  City  shall  become  entitled  to  enforce  its  lien 

hen  on  Equipment: 

against  the  Equipment,  then,  at  the  time  of  beginning  any 
suit  or  proceeding  for  the  enforcement  of  such  lien, 
whether  by  foreclosure  or  otherwise,  or  at  any  time  there- 
after, the  City  shall  be  entitled  forthwith  to  enter  into  and 
take  summary  and  complete  possession  of  the  Equipment, 
or  any  part  thereof,  it  being  the  express  intention  of  the 
Contract  that  upon  any  default  by  the  Contractor  in  Con- 
struction, Equipment  or  Operation  the  City  shall  have  the 

right  forthwith  to  operate  the  Railroad  so  far  as  is  then 

• 

practicable  (if  at  all),  and  to  that  end  to  have  complete 
and  immediate  possession  of  all  Equipment  and  of  ail 
other  things  necessary  or  convenient,  or  which  may  there- 
after be  necessary  or  convenient,  for  the  operation  of  the 


Chapter  I. — General.  23 

Railroad,  which  shall  belong  to  the  City  or  upon  which 

the  City  shall  have  a  lien  as  aforesaid. 

III.— If  the  Contractor  shall  fail  to  construct  or  operate 
the  Railroad  according  to  the  terms  hereof  and  shall, 
after  due  notice  of  its  default,  omit  for  more  than  a  rea- 
sonable time  to  comply  with  the  provisions  hereof,  the 

Board   (i)   may  by  notice  to  the  Contractor  forfeit  and    Board  may  for- 
feit Contract 
and  sue ; 

vacate  all  the  rights  of  the  Contractor  under  this  contract 

and  may  bring  in  the  name  and  behalf  of  the  City  an 
action  or  actions  to  declare  and  establish  such  forfeiture 
and  vacation  and  for  damages  or  otherwise  as  may  be 
necessary  for  the  sufficient  and  just  protection  of  the  rights 
of  the  City;  or  (2)  may,  upon  such  terms  as  to  the  Board 
seem  just  and  with  such  person  or  corporation  as  to  the 
Board  may  seem  proper,  make  another  operating  contract 
and  lease  of  the  Railroad  for  the  residue  of  the  term  of  the 
Contractor  in  default,  including  in  such  contract  and 
lease,  a  provision  as  to  a  transfer  or  lease  to  the  new 
contractor  of  the  lien  and  any  other  interest  of  the  City 


24  Chapter  I. — General. 

and  bring  Suit.  on  and  in  the  Equipment,  and  may  bring  action  in  the 
name  and  on  behalf  of  the  City  to  recover  from  the  Con- 
tractor the  amounts  which  by  this  Contract  the  Contractor 
agrees  to  pay  the  City  for  Rental  or  otherwise  due  from 
the  Contractor,  less  the  amount  which  shall  have  been  re- 
ceived under  and  by  virtue  of  such  new  contract  and  for 
all  other  damages  which  may  have  been  sustained  by  the 
City  by  reason  of  such  default  without  allowance  to  the 
Contractor  for  any  advantage  to  the  City  by  increase  of 
Rental. 

City's  Assurances         The  City  hereby  stipulates  and  covenants  to  and  with 
to   Contractor 
of  Right  to  Con- 
struct and  the  Contractor  that  the  City  will  secure  and  assure  to  the 
Operate. 

Contractor  so  long  as  the  Contractor  shall  perform  the 
stipulations  of  this  contract,  the  right  to  construct  and  to 
operate  the  Railroad  as  prescribed  in  this  contract  free  of 
all  right,  claim  or  other  interference  whether  by  injunc- 
tion, suit  for  damages  or  otherwise  on  the  part  of  any 
abutting  owner  or  other  person ;  but  the  Contractor  shall 
enforce  its  rights  against  the  City  under  this  provision 
solely  by  claim  for  money,  and  shall  have  no  right  to  set 
up  any  failure  or  default  on  the  part  of  the  City  to  per- 


Chapter  I. — General.  25 

form  or  satisfy  this  stipulation  or  covenant  in  defense,  or 
by  way  of  exculpation  or  any  excuse  whatsoever  (other- 
wise than  as  a  claim  or  counter-claim  for  money)  of  the 
Contractor  for  any  default  or  failure  of  any  character 
whatsoever  on  its  part,  except  that  nothing  herein  con- 
tained shall  be  construed  to  require  the  Contractor  to  do 
any  act  in  violation  of  a  valid  injunction  issued  by  a  Court 
of  competent  jurisdiction  forbidding  such  act. 


The  routes  and  general  plan  for  the  Railroad  adopted   Q?uteSiapjd 

incorporated  in 
by  the  Board  by  its  resolution  of  izj-th  January  and  4th    this  Contract. 

February,  1897,  and  heretofore  approved  by  the  author- 
ities of  the  City  and  by  the  Appellate  Division  of  the 
Supreme  Court  shall  be  deemed  to  be  incorporated  into 
this  contract  as  a  partial  description  of  the  Railroad  ard 
Equipment.  For  convenience  a  copy  thereof  is  hereto 
appended,  entitled  Copy  of  the  Routes  and  General 
Plan. 


The  railway  and  its  equipment  as  contemplated  by  the   Beauty  of 

material  as  well 

contract  constitute  a  great  public  work.     All  parts  of  th<-  a         ciency- 
structure  where  exposed  to  public  sight  shall,  therefore, 
be  designed,  constructed  and  maintained  with  a  view  to 
the  beauty  of  their  appearance,  as  well  as  to  their  effi- 
ciency. 


Contractor  to 
afford  Facilities 
to  Board. 


Changes  in  the 
Contract. 


26  Chapter  I. — General. 

If  under  any  provision  of  this  Contract  the  Board  or 
the  City  shall  be  entitled  by  reason  of  any  failure  of  the 
Contractor  to  do  or  have  done  any  work  upon  or  in  rela- 
tion to  the  Railroad  or  Equipment,  then  the  Contractor 
shall  afford  to  the  Board  or  the  City  all  facilities  for  doing 
'  such  work,  and  the  representatives  of  the  Board  or  the 
City  shall  be  at  liberty  at  any  time  for  such  purpose  to 
enter  upon  any  part  of  the  premises. 

No  correction  or  change  in  this  contract  shall  be  madt 
except  by  written  instrument  duly  authorized  by  the 
Board,  and  consented  to  by  the  Contractor  and  its  sureties 
upon  Ihe  bonds  given  hereunder  and  then  in  force. 


No  claim  shall  be  made  by  the  Contractor  against  any 
Members  of 
Board  not  liable. 

member  of  the  Board  personally  by  reason  of  this  con- 


tract or  of  any  of  its  articles  or  provisions. 

The  Contractor  shall  be  exempt  from  taxation  under  the 
-a\vs  of  the  State  of  New  York  in  respect  to  its  interest 
in  the  Railroad  under  the  contract  and  in  respect  to  the 
rolling  stock  and  all  other  Equipment  of  the  Railroad  in 
the  manner  and  to  the  extent  provided  in  the  Rapid  Tran- 
sit Statute. 


Contractor  not 
taxable  on 


ment. 


Chapter  I. — General.  27 

This  contract  shall  not  be  assigned  without  the  written   Contract  when 

assignable. 

consent  of  the  Board  concurred  in  by  all  the  members 
thereof. 


In  case  the  Board  shall  cease  to  exist  the  legislature    Provision  m 

case  Board 
cease, 
may  provide  what  public  officer  or  officers  of  the  City  of 

New  York  shall  exercise  the  powers  and  duties  of  the 
Board  under  and  by  virtue  of  this  contract ;  and  in  default 

of  such  provision,  such  powers  and  duties  shall  be  deemed 

« 

to  be  vested  in  the  mayor  of  the  City.  In  case  any  officer 
or  officers  other  than  the  Board  shall  hereafter  have  the 
powers  of  the  Board  or  any  of  them,  then  the  provisions 
of  this  contract  shall  be  applicable  to  such  officer  or  offi- 
cers to  the  extent  to  which  the  powers  of  the  Board  shall 
appertain  to  such  officer  or  officers,  and  any  official  act  or 

determination  of  such  officer  or  officers  or  of  this  Board 

* 

shall  be  sufficient  hereunder,  anything  herein  to  the  con- 
trary notwithstanding,  if  the  same  be  done  or  had  by  law- 
ful vote  or  resolution  or  in  such  manner  as  the  legislature 
may  from  time  to  time  prescribe. 

If  any  member  of  the  Board  or  any  member  of  the   City  Officials  not 

to  be  interested. 

municipal  assembly  of  the  City  of  New  York  or  any  head 
of  a  department,  chief  of  bureau,  deputy  thereof  or  clerk 


28  Chapter  I. — General. 

therein,  or  any  officer  of  any  grade  or  description  of  the 
City,  or  any  person  in  the  employ  of  the  Board  is  directly, 
indirectly,  actually  or  contingently  interested  with  the 
Contractor,  and  to  its  knowledge,  in  any  profit  or  advan- 
tage hereunder,  or  in  any  supplies  or  work  for  or  under 
this  contract  or^for  or  under  any  portion  of  this  work, 
then  the  Board  may,  by  notice  to  the  Contractor,  vacate 
and  terminate  the  contract.  And  in  such  case  the  Con- 
tractor shall  be  entitled  to  recover  for  work  which  shall 
then  have  been  done  no  more  than  the  amount  payable 
hereunder  at  the  time  according  to  the  terms  of  this  con- 
tract, or  than  the  fair  and  reasonable  value  thereof. 

Labor  Law  to  be         The  provisions  of  the  Labor  Law,  chap.  415  of  the  laws 
observed 

of  1897  and  the  laws  amendatory  thereof  are,  so  far  as 
applicable,  made  part  of  this  contract.  If  the  provisions 
of  Section  13  of  the  said  act  are  not  complied  with  by  the 
Contractor,  the  contract  shall  be  void.  All  worked, 
dressed  and  carved  stone,  excepting  paving  blocks  o: 
crushed  stone,  authorized  or  required  by  or  under  this  con- 
tract, shall  be  so  worked,  dressed  or  carved  within  the 
boundaries  of  this  State  as  required  by  Section  14  of  the 
said  law.  Section  3  of  the  said  law  as  now  amended  is 


Chapter  I. — General.  29 

hereby  made  part  of  this  contract.  No  laborer,  workman 
or  mechanic  in  the  employ  of  the  Contractor  or  of  any 
subcontractor  or  any  person  doing  or  contracting  to  do 
the  whole  or  a  part  of  the  work  contemplated  by  this  con- 
tract, shall  be  permitted  or  required  to  work  more  than 
eight  hours  in  any  one  calendar  day  except  in  cases  of 
extraordinary  emergency  caused  by  fire,  flood  or  danger 
to  life  or  property.  Each  laborer,  workman  or  mechanic 
employed  by  such  contractor,  subcontractor  or  by  such 
other  person  on  or  upon  such  work  or  upon  any  material 
to  be  used  upon  or  in  connection  therewith  shall  receive 
the  wages  provided  for  in  the  said  section  of  the  said  act 
and  the  same  shall  not  be  less  than  the  prevailing  rate  for 
a  day's  work  in  the  same  trade  or  occupation  in  the  lo- 
cality where  such  work  on,  by  or  in  connection  with  which 
such  labor  is  performed  in  its  final  or  completed  form  is  to 
be  situated,  erected  or  used.  This  contract  shall  be  void 
and  of  no  effect  unless  the  person  or  corporation  making 
or  performing  the  same  shall  comply  with  the  provisions 
of  the  said  Section  3. 


All  necessary 
legal  provisions 
deemed  inserted 
herein. 


Marginal 
notes,  etc. 


30  Chapter  I. — General. 

It  is  the  understanding  of  the  parties  to  this  agreement 
that  each  and  every  provision  of  law  required  to  be  in- 
serted in  this  agreement  is  inserted  herein.  Furthermore 
it  is  hereby  stipulated  that  every  such  provision  is  to  be 
deemed  to  be  inserted  herein ;  and  if,  through  mistake  or 
otherwise,  any  such  provision  is  not  inserted  in  correct 
form,  then  the  contract  shall  forthwith,  upon  the  applica- 
tion of  either  party,  be  amended  by  such  insertion  so  as  t3 
strictly  comply  with  the  law,  and  without  prejudice  to  the 
rights  of  either  party  hereunder. 

Titles,  headings  and  marginal  notes  are  herein  printed, 
merely  for  convenience  and  shall  not  be  deemed  to  be  anv 
part  of  this  contract  for  any  purpose  whatever. 


CHAPTER  IL— AGREEMENT  FOR   CONSTRUC- 
TION. 

The  Contractor  will  at  his  own  cost  and  expense,  and    W°fk  to 

done. 

in  strict    conformity  with  the    specifications    hereinafter 
contained   and   called  the    Specifications,    and   also   in 
strict  conformity  with  all  the  provisions  of  this  contract, 
whether  included  in  the  specifications  or  not,  furnish  al! 
the  materials  and  labor  necessary  and  proper  for  the  pur- 
pose, and,  in  a  good,  substantial  and  workmanlike  man- 
ner, construct  the  Railroad,  including  therein  the  stations, 
side-tracks,  switches,  cross-overs,  terminal  yards  and  ail 
other  appurtenances  complete  and  ready  for  Operation, 
and  including  also  all  necessary  construction  of  sewers 
along  or  off  the  route  of  the  Railroad,  all  necessary  read- 
justment of  the  mains,  pipes,  tubes,  conduits,  subways  or 
other  sub-surface  structures,  the  support  and  care,  includ- 
ing underpinning  wherever  necessary,  of  all  buildings  of 
whatsoever  nature,  monuments,  elevated  and  surface  rail- 
ways affected  by  or  interfered  with  during  the  construc- 
tion of  the  Railroad  and  the  reconstruction  of  street  pave- 


32         Chapter  II. — Agreement  for  Construction. 

ments  and  surfaces,  and  do  all  the  work  and  supply  all 
the  materials  necessary  to  construct  and  equip  the  Rail- 
road in  complete  working  order  fully  and  finally  ready  for 
actual  operation  in  the  carriage  of  passengers  and  other- 
wise as  hereinafter  specified.  Such  construction  of  sew- 
ers, readjustment  of  mains,  pipes,  tubes,  conduits,  sub- 
ways or  other  sub-surface  structures,  and  such  support, 
care  and  underpinning  of  buildings,  monuments  and  rail- 
ways are  and  are  to  be  deemed  to  be  essential  parts  of  the 
Construction  of  the  Railroad. 

The  Contractor  shall  provide  a  complete  Equipment  of 
the  Railroad  according  to  definition  of  Equipment  afore- 
said and  according  to  the  Specifications  hereinafter  con- 
tained. 

Construction  by  The  Railroad  shall,  so  far  as  concerns  the  rights  ami 

Sections. 

obligations  of  the  parties  under  this  contract,  be  deemed 

to  include  only  Section  I,  unless  and  until  the  City  shall 
determine  that  the  Railroad  shall  also  include  Section  II. 
After  such  election  by  the  City  the  Railroad  shall,  so  far 
as  concerns  such  rights  and  obligations  be  deemed  to  in- 
clude only  Sections  I  and  II  unless  and  until  the  City  shall 
determine  that  the  Railroad  shall  also  include  Section  III. 
After  such  last  mentioned  election  the  Railroad  shall,  <n 
far  as  concerns  such  rights  and  obligations,  be  deemed  to 


Chapter  II. — Agreement  for  Construction.  33 
include  only  Sections  I,  II  and  III  unless  and  until  the 
City  shall  determine  that  the  Railroad  shall  also  include 
Section  IV,  whereupon  the  Railroad  shall  be  deemed  to 
include  all  four  sections.  Every  such  determination  by 
the  City  shall  be  made  by  written  notice  by  the  Board  to 
the  Contractor.  Such  notice  shall  be  given  with  respect  to 
Section  II  on  or  before  a  date  not  later  than  one  year  after 
the  Contractor  shall  begin  work  upon  Section  I,  and  with 
respect  to  Section  III  on  or  before  a  date  not  later  than 
two  years  after  the  Contractor  shall  begin  work  on  Sec- 
tion I,  and  with  respect  to  Section  IV.  on  or  before  a  date 
not  later  than  three  years  after  the  Contractor  shall  begin 
work  on  Section  I,  Provided,  however,  that  such  periods 
shall  be  respectively  extended  by  the  time  or  times  during 
which  by  injunction  or  other  legal  obstruction  the  Board 
shall  be  delayed  in  giving  the  notice. 

The  City  shall  pay,  and  the  Contractor  shall  receive  for  Pri 
the  Construction  of  the  Railroad  sums  of  money  as  fol- 
lows :  If  the  Railroad  shall  consist  only  of  Section  I,  then 
the  sum  of  Fifteen  million  Dollars  ($15,000,000)  ;  or  if 
the  Railroad  shall  consist  only  of  Sections  I  and  II,  the 
sum  of  Twenty-six  million  Dollars  ($26,000,000)  ;  or  if 


34  Chapter  II. — Agreement  for  Construction. 
the  Railroad  shall  consist  only  of  Sections  I,  II  and  III, 
then  the  sum  of  Thirty-two  million  Dollars  ($32,000,000)  ; 
or  if  the  Railroad  shall  consist  of  'Sections  I,  II,  III  and 
IV,  then  the  sum  of  Thirty-five  million  Dollars  ($35,000,- 
ooo) ,  Provided,  however,  that  such  payments  shall  be  sub- 
ject to  modification  and  the  conditions  herein  prescribed. 
The  City  shall  also  pay  and  the  Contractor  shall  also  re- 
ceive for  the  Construction  of  the  Railroad  the  sum  of  One 
Million  Dollars  ($1,000,000)  for  terminals,  subject  to 
modification  as  herein  provided.  The  City  shall  also  pay 
and  the  Contractor  shall  also  receive  for  the  construction 
of  the  Railroad  a  sum  of  money  for  real  estate  as  follows : 
If  the  Railroad  shall  include  only  Section  I,  then  the  sum 

of  One  hundred  and  seventy  thousand  Dollars  ($170,000)  ; 
if  the  Railroad  shall  include  only  Sections  I  and  II,  then 
the  sum  of  Three  hundred  and  seventy  thousand  Dollars 
($370,000)  ;  if  the  Railroad  shall  include  only  Sections  I, 
II  and  III,  then  the  sum  of  Four  hundred  and  sixty  thou- 
sand Dollars  ($460,000)  ;  if  the  Railroad  shall  include 
Sections  I,  II,  III  and  IV,  then  the  sum  of  Five  hundred 
thousand  Dollars  ($500,000).  The  said  sums  so  to  be 
paid  do  not  include  the  cost  of  Equipment,  but  do  include 


Chapter  II. — Agreement  for  Construction.  35 
a  consideration  satisfactory  to  the  Contractor  for  its  obli- 
gation to  provide  the  Equipment  which,  when  provided, 
shall  be  the  property  of  the  Contractor,  subject  to  the  first 
lien  of  the  City,  as  provided  in  Chapter  I  of  this  contract. 

The  Board  shall  have  the  right,  during  the  progress  of 

Right  of  Board 

the  work,  to  amplify  the  plans,  to  add  explanatory  speci-    to  amplify  Plans, 

%  to  require  extra 

Work,  &c. 

fications  and  to  furnish  additional  specifications  and  draw- 
ings within  the  limits  of  the  general  purview  of  the  work. 
The  Board  shall  also  have  the  right  for  any  section  of  the 
Railroad  to  require  additional  work  to  be  done  or  addi- 
tional materials  to  be  furnished,  or  both,  within  the  gen- 
eral purview  of  a  rapid  transit  railroad  as  described  in  the 
Copy  of  the  Routes  and  General  Plan  hereto  appended 
or  to  require  work  or  materials  herein  specified  or  pro- 
vided for  to  be  omitted.     If  such  additional  work  or  ma- 
terials shall  be  required,  then  the  reasonable  value  there- 
of shall  be  additionally  paid  to  the  Contractor.     If  work 
or  materials  herein  specified  or  provided  for  shall  be  re- 
quired to  be  omitted,  then  a  reasonable  deduction  shall  be 
made  in  the  manner  hereinafter  provided  from  the  amount 


36         Chapter  II. — Agreement  for  Construction. 

to  be  paid  to  the  Contractor  for  construction,  Provided, 

however,  that  the  amount  of  work  and  materials  called  for 

by  this  contract  upon  any  Section  shall  not  be  diminished 

without  the  consent  of  the  Contractor  so  as  substantially 

to  alter  the  general  character  or  extent  of  the  work  as 

proposed. 

No  acceptance  NO  acceptance  of  anv  part  of  the  work  or  materials  in 

to  obviate  the 

Necessity  for 

sound  Work,  &c.      construction  or  equipment  shall  relieve  the  Contractor  of 

his  obligation  to  furnish  sound  material  and  perform 
sound  work. 

Inspection.  The  Board  contemplates,  and  the  Contractor  hereby  ap- 

proves, the  most  thorough  and  minute  inspection  by  the 
Board,  its  Engineer  and  their  representatives  and  subor- 
dinates, of  all  work  and  materials  from  the  beginning  of 
the  manufacture  or  preparation  both  of  the  Railroad  and  of 
such  materials  to  the  final  completion  of  its  Equipment. 
It  is  the  intention  of  the -Board  that  its  Engineer  shall 
draw  the  attention  of  the  Contractor  to  all  errors  or  vari- 
ations from  the  requirements  of  this  contract  or  other  de- 
fects in  workmanship  or  materials.  But  it  is  expressly 
agreed  that  no  omission  on  the  part  of  the  Board  or 
its  Engineer  or  any  other  subordinate  of  the  Board  to 


Chapter  II. — Agreement  for  Construction.  37 
point  out  such  errors,  variations  or  defects  shall  give  the 
Contractor  any  right  or  claim  against  the  City  or  in  any 
way  relieve  the  Contractor  from  its  obligation  to  fully 
construct  and  equip  the  Railroad  according  to  the  terms 
of  this  contract. 

The  work  is  to  be  done  and  the  materials  are  to  be  fur-   Work  subject  to 

Approval  of 

nished  subject  to  the  direction  and  approval  of  the  En- 
gineer. The  Contractor  shall  promptly  obey  and  follow 
every  direction  within  the  general  purview  of  the  work 
which  shall  be  given  by  the  Engineer,  including  any  direc- 
tion which  he  shall  give  by  way  of  withdrawal,  modifica- 
tion or  reversal  of  any  previous  direction  given  by  him. 
If  any  additional  specification  be  prescribed  or  additional 
drawing  be  required  to  be  followed,  or  additional  detail 
required,  or  if  any  question  shall  arise  as  to  the  quality, 
character  or  amount  of  materials  or  work,  or  as  to  the; 
obligation  of  the  Contractor  to  do  any  particular  work 
or  furnish  any  particular -materials,  or  as  to  the  value  of 
any  additional  work  or  materials  required  by  the  Board 
or  as  to  the  deduction  to  be  made  from  the  contract  price 
for  the  construction  by  reason  of  any  materials  or  work 
directed  by  the  Board  to  be  omitted,  or  if  any  other  dis- 
pute, question  or  doubt  as  to  what  is  the  obligation  of  the 


38  Chapter  II. — Agreement  for  Construction. 
Contractor  shall  arise  prior  to  the  time  of  the  complete 
construction  and  equipment  of  the  Railroad  and  the  dec- 
laration thereof  by  the  Board,  the  determination  of  the 
Engineer  shall  be  binding  upon  the  Contractor  and  the 
City,  so  far  as  that  the  Contractor  shall,  as  the  case  may 
be,  proceed  or  refrain  from  proceeding,  and  without  any 
delay  obey  the  requirement  of  the  Engineer. 

Engineer's  Deter-         But  a  determination  of  the  Engineer  shall  not  be  finally 

mination,  when 

subject  to 

Review.  conclusive  upon  either  the  Contractor  or  the  City  as  to 

the  reasonable  value  of  any  work  or  materials  additionally 
required  as  aforesaid  or  omitted  as  aforesaid,  or  as  to  the 
question  whether  the  Contractor  is  entitled  to  additional 
payment  for  anything  additionally  required  by  the  En- 
gineer, whether  upon  additional  specifications  or  drawings 
or  in  the  way  of  additional  details  as  aforesaid,  or  other-  - 
wise  as  herein  provided,  or  as  to  the  question  whether  the 
City  is  entitled  to  a  deduction  from  the  amount  payable  to 
the  Contractor  according  to  the  terms  hereof.  In  every 
such  case  the  Engineer  shall  make  his  determination  in 
writing  and  in  duplicate,  one  duplicate  to  be  filed  with 
the  Board  and  the  other  duplicate  to  be  delivered  to  the 
Contractor.  Such  determination  as  to  work  done  or  mater- 


Mode  of 

Review. 

Arbitration. 


Chapter  II. — Agreement  for  Construction.  39 
ials  supplied  on  or  after  the  first  day  of  the  calendar  month 
next  preceding  the  date  of  making  such  certificate,  shall 
if  filed  with  the  Board  within  five  days  after  its  said  date, 
be  binding  and  conclusive  upon  the  City  unless  the  Board 
shall  appeal  within  ten  (10)  days  after  such  determina- 
tion is  filed  with  it,  and  shall  be  binding  upon  the  Con- 
tractor unless  the  Contractor  shall  appeal  within  ten  (10) 
days  after  such  delivery  to  him.  The  appeal  shall  be  taken 
by  a  written  notice  addressed,  if  the  Board  be  the  appel- 
lant, to  the  Contractor,  or,  if  the  Contractor  be  the  ap- 
pellant, then  to  the  secretary  of  the  Board.  The  notice 
of  appeal  shall  state  the  determination  appealed  from,  the 
grounds  of  appeal,  the  precise  award  or  redress  desired, 
and  shall  include  the  appointment  of  an  arbitrator  on  the 
part  of  the  appellant,  with  a  written  undertaking  on  the 
part  of  the  arbitrator  to  act.  Within  ten  (10)  days  after 
the  receipt  of  a  notice  of  appeal  the  party  receiving  the 
same  shall  name  an  arbitrator,  and  give  written  notice  cf 
such  nomination  to  the  party  appealing,  the  notice  to  be 
accompanied  by  a  written  acceptance  by  the  arbitrator 
of  the  appointment.  If  the  party  against  whom  the  ap- 
peal is  taken  shall  not  so  nominate  an  arbitrator,  who 
shall  so  accept,  then  the  arbitrator  named  by  the  party 


4O  Chapter  II. — Agreement  for  Construction. 
appealing  shall  be  the  sole  arbitrator.  Either  party  may, 
by  a  general  notice  to  the  other,  appoint  a  standing  arbi- 
trator for  such  party.  In  case  of  such  standing  appoint- 
ment such  arbitrator  shall  be  deemed  to  be  appointed  upon 
each  appeal,  without  specification  of  his  appointment  upon 
the  appeal.  Any  vacancy  in  the  office  of  an  arbitrator 
shall  be  filled  by  the  party  which  shall  have  appointed  the 
last  incumbent  thereof,  within  five  (5)  days  after  notice 
of  the  vacancy — during  which  five  days  the  running  of 
other  periods  of  time  prescribed  for  or  in  course  of  the 
arbitration  shall  be  suspended.  If  not  so  filled, — or  if 
notice  of  the  appointment  be  not  given  within  such  five 
days,  the  remaining  arbitrator  shall  be  the  only  arbitrator. 
Within  five  (5)  days  after  the  appointment  of  its  arbi- 
trator by  the  party  against  whom  the  appeal  is  taken,  or, 
if  there  be  a  standing  arbitrator  for  such  party,  then  after 
ten  (10)  days,  but  within  fifteen  (15)  days  after  notice  of 
the  appeal  is  given, — the  arbitrators, — or  if  the  party 
against  whom  the  appeal  is  taken  shall  be  in  default  in  ap- 
pointing an  arbitrator,  then  within  five  (5)  days  after 
such  default  the  arbitrator  named  by  the  party  appealing, 
—shall  proceed  summarily,  and  upon  two  (2)  days  notice 
to  both  parties,  to  hear  such  evidence  or  statements,  oral 


Chapter  II. — Agreement  for  Construction.  41 
or  written,  as  may  be  produced.  Such  hearing  shall  be 
finished  within  five  (5)  days  after  such  hearing  shall  be- 
gin; and  within  three  (3)  days  after  finishing  such  hear- 
ing, the  determination  of  such  arbitrators  or  arbitrator 
shall  be  made.  But  if  within  such  three  days  the  arbi- 
trators (in  the  case  of  two  arbitrators)  shall  fail  to  agree 
upon  and  make  an  award,  then  they  shall  forthwith  so 
certify  to  the  Board  and  the  Contractor,  and  the  contro- 
versy shall  be  deterniined  by  an  umpire  to  be  nominated 
by  the  Executive  Committee  for  the  time  being  of  the 
Chamber  of  Commerce  of  the  State  of  New  York,  or  if 
within  three  (3)  days  after  being  notified  by  either  of  the 
parties  hereto  of  such  failure  the  said  Committee  shall  not 
make  a  nomination,  then  by  an  umpire  to  be  named  by  the 
Executive  Committee  for  the  time  being  of  the  Associa- 
tion of  the  Bar  of  the  City  of  New  York.  The  umpire 
shall  hear  the  parties,  their  counsel,  the  statements  of  the 
arbitrators  and  the  statements  and  evidence  received  bv 
them,  or  such  of  them  and  so  much  thereof  as  may  ap- 
pear or  be  submitted  to  the  umpire  upon  two  (2)  days 
notice  to  the  parties.  Such  notice  shall  be  given  within 
three  (3)  days  after  the  nomination  of  the  umpire.  The 
hearing  by  the  umpire  shall  be  concluded  within  three  (3) 


42         Chapter  II. — Agreement  for  Construction. 

days.     His  award  shall  be  made  within  three   (3)   days 

after  the  hearing  before  him  is  concluded.     Every  deter- 
mination by  the  umpire,  arbitrator  or  arbitrators,  shall  be 
in  writing  in  duplicate,  one  to  be  delivered  to  the  secretary 
of  the  Board  and  the  other  to  the  Contractor.     The  Exec- 
utive Committee  of  the  said  Chamber  of  Commerce  and 
the  Executive  Committee  of  the  said  Association  of  the 
Bar  may,  upon  the  joint  request  of  both  parties,  and  from 
time  to  time  nominate  a  standing  umpire,  or  a  standing 
board  of  three  experts,  to  act  as  such  umpire.       Such 
standing  umpire  or  standing  board  of  experts  shall,  upon 
every  arbitration  where  an  umpire  is  required,  be  such 
umpire,  and  a  decision  or  determination  by  a  majority  of 
such  board  of  experts  shall  be  the  decision  of  such  board. 
The  days  for  notices  and  other  proceeding  shall  be  ex- 
clusive of  Saturdays,  Sundays  and  holidays.     All  fees  and 
expenses  of  arbitrators  and  umpires  shall  be  borne  and 
paid  equally  by  the  City  and  the  Contractor,  by  both  of 
whom  every  such  arbitrator  and  umpire  shall  be  deemed 
to  be  employed.     Every  such  arbitrator  and  umpire  shall, 
before  proceeding  to  hear  the  testimony  or  to  consider  the 
matter,  be  sworn  as  nearly  as  may  be  in  the  same  manner 
as  referees  in  actions  at  law  are  required  to  be  sworn. 


Chapter  II. — Agreement  for  Construction.         43 

The  Contractor  shall  become  entitled  to  additional  pay-    Vouchers  for 

extra  Work. 

ment  for  additional  work  or  by  reason  of  additional  speci- 
fications, drawings,  details  or  other  requirements  only 
upon  the  production  of  the  certificate  and  determination 
of  the  Engineer  if  unappealed  from  and  certified  by  the 
Board,  or,  if  so  appealed  from,  then  only  upon  and  ac- 
cording to  the  final  award  of  arbitrators,  arbitrator  or  um- 
pire as  aforesaid  certified  by  the  Board,  it  being  expressly 
agreed  that  the  City  shall  make  no  additional  payment  to 
the  Contractor  except  upon  vouchers  which  include  such 
certificates  and  determination  unappealed  from,  or  if  ap- 
pealed from,  then  such  final  award  and  certificate  of  the 
Board,  as  a  condition  precedent  to  payment  and  that  no 
payment  shall  be  made  in  any  such  case  inconsistently  with 
such  final  award. 

Nor  shall  the  City  be  entitled  to  claim  any  abatement   When  City 

entitled   to 

£  .  -,....  Abatement  of 

from  the  contract  price  by  reason  of  diminution  in  the    Price. 

amount  of  work  required,  delay  in  completion  or  other- 
wise except  upon  the  certificate  or  determination  of  the 
Engineer  unappealed  from  by  the  Contractor  as  aforesaid, 
or,  if  so  appealed  from,  then  upon  the  certificate  and  award 
of  the  arbitrators,  arbitrator  or  umpire  as  aforesaid. 


44         Chapter  II. — Agreement  for  Construction. 

Commencement  The  Contractor  shall  begin  work   upon  the   Railroad 

and   Comple- 
tion of  Work. 

within  thirty  (30)  days  after  the  execution  of  this  con- 
tract. The  entire  Railroad  shall  be  completely  construct- 
ed and  equipped  ready  for  immediate,  full  and  continuous 
operation  as  follows :  If  the  Railroad  shall  consist  only 
of  Section  I,  then  within  three  (3)  years  from  the  date 
of  the  delivery  of  this  contract ;  if  the  Railroad  shall  con- 
sist of  Sections  I  and  II,  then  within  two  (2)  years  from 
the  date  of  notice  of  election  by  the  City  to  construct  Sec- 
tion II,  Provided,  however,  that  the  entire  period  allowed 
for  the  construction  of  Sections  I  and  II  shall  be  as  much 
as  three  (3)  years;  if  the  Railroad  shall  consist  of  Sec- 
tions I,  II  and  III,  then  within  two  (2)  years  from  the 
date  of  notice  of  election  by  the  City  to  construct  Section 
III,  Provided,  however,  that  the  entire  period  allowed 
for  the  construction  of  Sections  I,  II  and  III  shall  be  as 
much  as  four  (4)  years ;  or  if  the  Railroad  shall  consist  of 
Sections  I,  II,  III  and  IV,  then  within  two  (2)  years 
from  the  date  of  notice  of  election  by  the  City  to  construct 
Section  IV,  Provided,  however,  that  the  entire  period 
allowed  for  the  construction  of  Sections  I,  II,  III  and  IV 
shall  be  as  much  as  four  and  one-half  (4^2)  years.  In 
the  event  of  delay  in  such  complete  Construction  and 


Chapter  II. — Agreement  for  Construction.  45 
Equipment  beyond  the  period  or  periods  so  prescribed, 
and  in  case  such  delay  shall  not  be  excusable,  as  herein 

provided,  the  price  to  be  paid  the  Contractor  shall  be  re-    Price  to  be 

reduced  for 

duced  as  follows :  From  the  several  amounts  which  shall 
become  payable  to  the  Contractor  after  the  expiration  of 
the  said  period  or  periods  for  work  completed  or  materials 
furnished  thereafter,  there  shall  be  deducted  and  retained 
by  the  City  as  liquidated  damages  for  such  delay  two 
per  cent,  thereof  for  each  and  every  month  after  the  ex- 
piration of  the  said  period  or  periods  until  such  amounts 
are  severally  certified  to  be  due  and  payable.  But  in  case 
the  Contractor  shall  be  delayed  by  injunction  or  by  strike 

or  by  any  interference  of  public  authority,  and  in  case  the 
Contractor  cannot,  notwithstanding  such  injunction,  strike 
or  interference,  with  reasonable  diligence  make  up  for  the 
delay  so  occasioned  by  speedier  work  when  the  Contractor 
shall  not  be  so  interfered  with,  then  the  said  date  for  com- 
pletion shall  be  extended  to  a  date  later  than  the  expira- 
tion of  the  said  period  or  periods  by  the  amount  of  time  cf 
such  delay,  Provided,  however,  that  no  period  of  such  de- 
lay shall  be  deemed  to  begin  until  written  notice  thereof 
shall  be  given  by  the  Contractor  to  the  Board. 

The  sites  of  the  terminals  shall  be  proposed  by  the  Con-    Sites  of  Ter- 
minals, 
tractor,  but  the  same  shall  be  subject  to  the  approval  of 


46  Chapter  II. — Agreement  for  Construction. 
the  Board.  The  City  shall  itself  purchase  the  real  estate 
for  the  terminals,  by  condemnation  or  otherwise ;  but  the 
amount  which  shall  be  paid  by  the  City  for  real  estate  for 
terminals  shall  be  deemed  to  be  payment  to  the  Contractor 
on  account  of  Construction.  The  Contractor  shall  receive 
the  exact  cost  to  the  Contractor  of  the  complete  construc- 
tion of  the  terminals,  together  with  a  profit  of  ten  (10) 
per  cent,  thereon,  for  its  services  in  connection  therewith. 
The  total  amount  to  be  paid  or  allowed  to  the  Contractor 
for  such  cost  of  construction,  including  the  additional  al- 
lowance of  ten  (10)  per  cent,  (as  explained  above)  to- 
gether with  the  sum  paid  by  the  City  for  real  estate  for 
terminals,  shall  in  no  case  exceed  One  million  seven  hun- 
dred and  fifty  thousand  dollars  ($1,750,000). 

Cost  of  Ter-  The  amount  included  as  aforesaid  in  the  price  for  Con- 

minals. 

struction  hereunder  for  terminals  is  the  estimated  sum  of 

One  million  dollars  ($1,000,000)  which  includes  the  al- 
lowance for  cost  of  the  real  estate  for  terminals  and  of 
their  complete  construction  ready  for  operation,  but  does 
not  include  the  cost  of  any  equipment  thereof.  The  varia- 
tion of  the  cost  of  the  terminals  (including  real  estate, 
construction  and  profit  aforesaid)  from  the  said  sum  of 
One  million  dollars  ($1,000,000),  shall,  within  the  said 


Chapter  II. — Agreement  for  Construction.  47 
maximum  limit  of  One  million  seven  hundred  and  fifty 
thousand  dollars  ($1,750,000)  be  added  to  or  deducted 
from,  as  the  case  may  be,  the  total  contract  price  for  con- 
struction payable  to  the  Contractor.  Any  excess  of  the 
cost  of  the  terminals  above  One  million  seven  hundred  and 
fifty  thousand  dollars  ($1,750,000)  shall  be  borne  and 
paid  by  the  Contractor ;  and  any  excess  above  such  amount 
which  the  City  shall  itself  have  paid,  shall  be  forthwith 
returned  by  the  Contractor  to  the  City  or  may  be  deducted 
by  the  City  from  any  money  otherwise  due  the  Contractor. 

The  amount  included  as  aforesaid  in  the  price  for  Con-    Cost  of  Real 

Estate  for 

struction  hereunder  for  real  estate  to  be  acquired  for  sta- 
tions and  other  purposes  of  the  Railroad  except  terminal 
and  equipment,  is  as  follows:  If  the  Railroad  shall  in- 
clude only  Section  I,  the  sum  is  One  hundred  and  seventy 
thousand  dollars  ($170,000)  ;  if  it  includes  Sections  I  and 
II,  it  is  Three  hundred  and  seventy  thousand  dollars 
($370,000)  ;  if  it  includes  Sections  I,  II  and  III,  it  is  Four 
hundred  and  sixty  thousand  dollars  ($460,000)  ;  if  it  in- 
cludes Sections  I,  II,  III  and  IV,  it  is  Five  hundred  thou- 
sand dollars  ($500,000).  The  City  shall  itself  acquire 


48  Chapter  II. — Agreement  for  Construction. 
(by  condemnation  or  otherwise)  all  such  real  estate ;  and 
every  amount  paid  therefor  by  the  City  shall  be  deemed 
to  be  a  payment  to  the  Contractor  on  Construction.  In 
case  the  total  cost  to  the  City  of  acquiring  such  real  estate 
shall  be  greater  than  the  sums  so  prescribed,  then  the 
contract  price  for  Construction  shall  be  increased  accord- 
ingly, except,  however,  that  the  cost  of  real  estate  for  such 
purposes  to  be  borne  by  the  City  shall  in  no  case  exceed 
the  sum  of  Three  hundred  and  forty  thousand  Dollars 
($340,000)  for  Section  I ;  Seven  hundred  and  forty  thou- 
sand Dollars  ($740,000)  for  Sections  I  and  II;  Nine  hun- 
dred and  twenty  thousand  Dollars  ($920,000)  for  Sections 
I,  II  and  III;  and' One  million  Dollars  ($1,000,000)  for 
Sections  I,  II,  III  and  IV.  Any  such  excess  shall  be 
borne  by  the  Contractor.  In  case  the  total  cost  to  the 
City  of  acquiring  such  real  estate  shall  be  less  than  the 
said  sum  of  One  hundred  and  seventy  thousand  Dollars 
($170,000)  for  Section  I,  or  Three  hundred  and  seventy 
thousand  Dollars  ($370,000)  for  Sections  I  and  II,  or 
Four  hundred  and  sixty  thousand  Dollars  ($460,000)  for 
Sections  I,  II  and  III,  or  Five  hundred  thousand  Dollars 
($500,000)  for  Sections  I,  II,  III  and  IV,  the  contract 
price  for  construction  shall  be  diminished  accordingly. 


Chapter  II. — Agreement  for  Construction.         49 
The  Citv  shall  conduct  with  diligence  proceedings  tc   City  to 

ctCQUlic    IlC 

Real  Estate. 

acquire  the  real  estate  needed  for  terminals  and  other  rail- 
road purposes  or  (if  requested  by  the  Contractor)  which 
the  Contractor  shall  need  for  Equipment.  The  Contractor 
shall,  however,  give  to  the  Board  notice  of  at  least  three 
(3)  months  that  the  real  estate  is  required,  specifying  the 
parcels.  Any  damage  sustained  by  the  Contractor  by 
reason  of  delay  in  its  possession  of  such  real  estate  beyond 
a  period  of  six  months  after  the  giving  of  such  notice 
shall  be  paid  by  the  City  to  the  Contractor.  The  amount 
thereof  shall  be  certified  by  the  Engineer  as  aforesaid  but 
subject  to  appeal  by  the  City  or  Contractor  and  determina- 
tion by  arbitration  as  aforesaid. 

The  City  shall  pay  the  Contractor  for  the  work  as  the    Payments,  how 

made  to   Con- 
tractor, 
same  progresses  upon  vouchers  certified  by  the  Board. 

Written  requisitions  by  the  Contractor  for  such  payments 
shall  be  delivered  to  the  Board  at  intervals  of  not  less 
than  one  (T)  month.  Each  requisition  by  the  Contractor 
shall  be  accompanied  by  a  certificate  of  the  Engineer  to 
the  effect  that  work  has  been  done  and  materials  have  been 
delivered  in  accordance  with  the  terms  of  the  Contract 
at  or  upon  the  Railroad  prior  to  the  time  of  such  requisi- 
tion of  a  value  stated  in  such  certificate.  Such  value  shall 


50         Chapter  II. — Agreement  for  Construction. 

be  ascertained  relatively  to  the  contract  value  of  the  entire 

work. 

The  Board  shall  thereupon  forthwith  prepare  and  certi- 
fy a  voucher  in  due  form  for  payment  by  the  City  for 
the  work  so  done  and  materials  so  furnished.  The  Board 
shall  not  be  bound  by  the  certificate  of  the  Engineer,  but 
may  in  every  case  fix  the  amount  due  at  such  sum  as  the 
Board  shall  itself  determine  to  be  the  proper  actual  relat- 
tive  value  of  such  work  and  materials.  The  amount  .so 
certified  by  the  Board  shall  be  forthwith  paid  by  the  Citv 
to  the  Contractor  without  any  deduction  except  as  herein 
otherwise  provided.  In  case  such  Contractor  shall  be  dis- 
satisfied with  the  determination  of  the  Board  as  to  value 
'as  aforesaid,  the  Contractor  may  appeal  from  such  deter- 
mination in  the  manner  hereinbefore  provided  for  appeals 
for  determination  of  the  Engineer  as  to  additional  work, 
and  the  receipt  by  the  Contractor  of  the  amount  certified 
by  the  Board  shall  not  be  deemed  the  waiver  of  his  rights 
to  appeal. 

And  if  the  payment  upon  such  appeal  shall  be  deter- 
mined to  be  too  small,  then  upon  such  determination  the 
City  shall  forthwith  and  upon  a  voucher  certified  by  the 


Chapter  II. — Agreement  for  Construction.  51 
Board  pay  to  the  Contractor  the  additional  amount  award- 
ed upon  such  appeal. 

At  a  date  not  later  than  the  time  when  two-thirds  (2-3)  Equipment* 
in  value  of  the  work  which  the  Contractor  shall  be  bound 
to  do,  not  including  equipment,  shall  have  been  finished, 
and  certified  by  the  Engineer  (but  subject  to  appeal  as 
aforesaid)  the  Contractor  shall  begin  and  shall  thereafter 
diligently  proceed  with  the  provision  of  the  equipment  of 
the  Railroad,  and  such  provision  shall  proceed  at  such  rate 
as  that  the  Equipment  shall  be  completely  ready  for  use 
three  (3)  months  in  advance  of  the  complete  Construction 
of  the  Railroad  (that  is  to  say,  of  the  Section  or  Sections 
which  the  Contractor  shall  be  bound  to  construct) . 

The  Contractor  shall  furnish  the  Board  with  satisfac-  £vVd!n5e 

that  labor  and 

materials  are 
tory  evidence  that  all  persons  who  have  done  work  or  fur-   Paid  for- 

nished  materials  in  the  construction,  and  who  have  given 
written  notice  to  such  Board  before  or  within  ten  (10) 
days  after  the  final  completion  and  acceptance  of  the 
whole  work  required  under  this  contract,  that  any  balance 
for  such  work  or  materials  is  due  and  unpaid,  have  been 
fully  paid  and  satisfactorily  secured ;  and  in  case  such  evi- 
dence is  not  furnished  as  aforesaid  such  amount  as  may  be 


52         Chapter  II. — Agreement  for  Construction. 
necessary  to  meet  the  claims  of  the  persons  aforesaid  may 
be  retained  from  the  money  due  to  the  Contractor  under 
this  agreement  until  the  liabilities  aforesaid  shall  be  full*- 
discharged  or  such  notice  withdrawn. 

If  at  the  time  of  any  such  requisition  any  lien  shall  have 
been  filed  against  the  Contractor  on  the  Railroad  against 
the  amount  payable  to  the  Contractor  under  the  provisions 
of  this  contract  by  any  person  or  corporation  entitled  to 
file  the  same  for  work,  labor,  or  services  done  or  per- 
formed for  or  materials  furnished  to  the  Contractor  in  or 
about  the  Construction,  an  amount  reasonably  sufficient 
to  pay  and  discharge  such  lien  and  to  pay  the  costs  of  fort- 
closure  thereof  shall  be  retained  by  the  Comptroller  from 

the  amount  which  would  be  otherwise  payable  to  the  Con- 
tractor on  such  requisition,  until  the  said  lien  shall  be  dis- 
charged or  secured  as  provided  by  law.  If  such  lien  shail 
be  foreclosed  according  to  law  then  the  Comptroller  may 
pay  the  said  amount  found  due  upon  such  lien  by  the 
judgment  in  the  foreclosure  action  to  the  person  entitled 
thereto,  and  such  payment  shall  be  deemed  a  payment 
hereunder  to  the  Contractor.  If  the  sum  so  retained 


Chapter  II. — Agreement  for  Construction.  53 
shall  not  be  sufficient  to  discharge  the  lien  so  foreclosed, 
the  deficiency  shall  be  retained  by  the  Comptroller  out  of 
the  next  moneys  coming  due  to  the  Contractor. 

In  case  any  claim  shall  be  made  by  any  person  or  cor- 
poration against  the  City  for  loss  or  damage  to  person  or 
property  caused  by  or  arising  from  or  alleged  to  have  been 
caused  by  or  to  have  arisen  from  any  negligence,  fault 
or  default  of  the  Contractor,  the  amount  of  such  claim 
shall  upon  the  requirement  of  the  Board  be  retained  by 
the  Comptroller  out  of  any  moneys  thereafter  growing 
due  to  the  Contractor  hereunder  (in  addition  to  the  other 
sums  hereinbefore  authorized  to  be  so  retained) ,  as  secur- 
ity for  the  payment  of  such  claim  or  claims.  If  and  when 
the  liability  of  the  City  on  such  claim  or  claims  has  been 
finally  established  by  a  judgnlent  of  a  court  of  competent 
jurisdiction,  or  has  been  admitted  by  the  Contractor,  the 
said  claim  or  claims  shall  be  paid  from  the  amount  so  re- 
tained and  the  balance,  if  any,  paid  to  the  Contractor. 

The    specifications    and    contract-drawings    hereinafter   Specifications 

and  Drawings 
subject  to 

mentioned,   and  the   other  and   additional  provisions  of   Requirement   of 

Railroad  of  high- 
est  Grade. 

this  contract,  are  intended  by  the  Board  to  be  full  and 

comprehensive,  and  to  show  all  the  work  required  to  be 


54  Chapter  II. — Agreement  for  Construction. 
done.  But  in  a  work  of  this  magnitude  it  is  impossible 
either  to  show  in  advance  all  details,  or  to  precisely  fore- 
cast all  exigencies.  The  specifications  and  contract-draw- 
ings are  to  be  taken,  therefore,  as  indicating  the  amount 
of  work,  its  nature  and  method  of  construction  so  far  as 
the  same  are  now  distinctly  apprehended.  But  the  Con- 
tractor understands,  and  it  is  expressly  agreed,  that  there 
is  included  within  its  obligation  the  complete  Construction 
and  Equipment  of  the  Railroad  as  herein  contemplated. 
The  Railroad  is  to  be  constructed  for  actual  use  and  opera- 
tion as  an  inter-urban  railroad  of  the  highest  class,  adapt- 
ed to  the  necessities  of  the  people  of  the  City  of  New 
York.  It  is  to  be  used  and  operated  as  provided  in  Chap- 
ter III,  the  Lease.  The  Contractor  shall  construct,  com- 
plete and  fully  equip  the  Railroad  in  the  best  manner, 
according  to  the  best  rules  and  usages  of  railway  construc- 
tion, so  that  the  Railroad  shall  be  thoroughly  fitted  for 
safe,  continuous,  immediate  and  full  operation  in  the 
manner  and  subject  to  the  requirements  of  Chapter  III, 
the  Lease.  If,  in  the  specifications  or  contract-drawings 
or  in  the  provisions  of  this  contract,  any  detail  or  other 


Chapter  II. — Agreement  for  Construction.  55 
matter  or  thing  requisite  for  such  operation  in  such  man- 
ner and  subject  to  such  requirements  be  not  mentioned, 
nevertheless  the  same  is  deemed  to  be  included,  and  the 
Contractor  hereby  undertakes  to  do  the  same  as  part  of 
its  work  hereunder.  And  it  is  expressly  agreed  that  the 
price. to  be  paid  the  Contractor  as  herein  prescribed  in- 
cludes full  compensation  for  every  such  detail,  matter  and 
thing. 

T     ,,  r  .          ,.  Where  Text  of 

In  the  event  of  any  doubt  as  to  the  meaning  of  any  por-    Contract  doubt- 
ful, best  Mater- 

tion  or  portions  of  the  specifications  or  contract-drawings,    'a^s  ^.     ™ork- 

'    manship    re- 
quired, 
or  of  the  text  of  the  contract,  the  same  shall  be  interpreted 

as  calling  for  the  best  construction,  both  as  to  materials 
and  workmanship,  capable  of  being  supplied  or  applied 
under  the  then  existing  local  conditions.  This  provision, 
by  way  of  illustration,  implies  the  requirement  that  the 
interior  surface  of  every  part  of  the  tunnel  containing 
the  railway  shall  be  entirely  free  from  percolation  of 
ground  or  other  water  from  without;  the  requirement 
throughout  of  a  structure  whose  component  parts  shall 
be  of  as  permanent  and  durable  a  character  as  practicable ; 
the  requirement  that  the  steel  and  such  other  parts  of  tho 
structure  as  are  liable  to  rust  and  decay  shall  be  fully  pro- 
tected from  such  action ;  the  requirement  that  the  track 


Plans  and 

Contract 

Drawings. 


56  Chapter  II. — Agreement  for  Construction. 
and  roadbed  shall  be  such  that  trains  such  as  are  described 
in  Chapter  III,  the  Lease,  can  be  run  thereon  with  safety 
and  comfort  at  the  highest  practically  attainable  speeds; 
and  the  requirement  that  there  shall  be  adequate  stations. 
All  the  clauses  of  the  specifications,  and  all  parts  of  the 
contract-drawings,  are,  therefore,  to  be  understood,  con- 
strued and  interpreted  as  intending  to  produce  the  results 
hereinbefore  stated. 

The  plans  referred  to  in  the  specifications  hereinafter 
contained  are  one  hundred  and  seventeen  (117)  in  num- 
ber, bear  date  7th  April,  1898,  are  each  countersigned  by 
the  Engineer,  are  stamped  with  the  seal  of  the  Board,  and 
bear  the  general  title,  ..Contract  Drawing  No. 
The  sheets  are  as  follows:  Nos.  A  I  to  A  35  inclusive; 
Nos.  B  i  to  B  46  inclusive ;  Nos.  C  i  to  C  36  inclusive. 

The  sections  and  dimensions  of  all  parts  shown  on  the 
contract-drawings  are  typical  sections  and  dimensions  ap- 
plicable to  the  greater  part  of  the  work,  and  where  no 
extraordinary  conditions  exist.  Where  such  conditions 
do  exist,  or  where  unforeseen  contingencies  arise,  such  as 
the  encountering  of  quicksand  or  other  bad  material,  or 


Chapter  II. — Agreement  for  Construction.  57 
when  provision  must  be  made  for  the  support  of  elevated 
railroad  columns,  or  when  there  are  buildings,  monuments 
or  other  structures  whose  foundations  are  of  such  a  char- 
acter as  to  bring  an  undue  thrust  upon  the  tunnel,  or  other 
similar  circumstances  exist,  then  and  in  every  such  case 
the  Board  may  issue  such  special  plans,  duly  counter- 
signed by  the  Engineer,  and  accompanied  by  specifications 
explanatory  thereof,  or  describing  the  method  of  construc- 
tion, changing  the  sections  or  the  dimensions  of  the  parts 
or  the  materials  of  the  structure;  and  such  special  plans 
and  specifications  when  so  issued  shall  be  binding  on  the 
Contractor. 

In  addition  to  the  contract-drawings  already  mentioned,    Supplementary 

Drawings. 

the  Board  has  had  prepared  a  set  of  maps  and  plans  one 
hundred  and  forty-two  (142)  in  number,  bearing  the  same 
seal,  general  title  and  date  as  the  contract-drawings,  but 
designated  as  ^Supplementary  Drawings"  which  are 
signed  by  the  Engineer  and  marked  Nos.  D  I  to  D  142 
inclusive.  These  supplementary  drawings  exhibit  certain 
information  which  the  Board  has  received  from  its  En- 
gineer of  the  nature  of  the  soil  underlying  portions  of  the 


58         Chapter  II. — Agreement  for  Construction. 
route,  the  nature  and  position  of  elevated  and  surface  rail 
ways,  water  mains,  gas  and  other  pipes,  sewers,  electric 
subways,  manholes,  hydrants,  catch  basins,  and  other  sur- 
face  and   sub-surface   structures.       The   supplementary 
drawings  have  been  exhibited  to  the  Contractor  without 
any  guarantee  on  the  part  of  the  Board  as  to  their  com- 
pleteness or  correctness,  and  the  Contractor  may,  at  its 
option  and  at  the  expense  of  the  Board,  have  copies  there- 
of for  such  aid,  if  any,  as  the  Contractor  may  derive  from 
them.     If.  upon  opening  the  streets  or  otherwise,  diffi- 
culties of  any  nature  be  encountered  which  are  not  indi- 
cated or  suggested  by  the  supplementary  drawings,  or  if 
additional  surface  or  sub-surface  structures  be  discovered 
or  found  of  different  size  or  in  different  positions  or  of 
different  nature  from  those  shown  on  the  supplementary 
drawings,  or  if  in  any  way  such  supplementary  drawings 
be  found  erroneous,  the  Contractor  shall  have  no  claim 
whatever  for  any  such  failure,  discrepancy,  or  error,  but 
is  to  take  every  necessary  or  proper  precaution  to  over- 
come the  unforeseen  difficulty,  and  is  to  take  care  of,  pro- 
tect, remove,  adjust  or  readjust,  as  the  case  may  be,  the 
additional  or  different  surface  or  sub-surface  structures 
according  to  the  direction  of  the  Engineer. 


Chapter  II. — Agreement  for  Construction.         59 

The  Contractor  shall,  before  making  any  sub-contract   Names  of  Sub- 
Contractors  to 

of  its  work,  in  writing  state  to  the  Board  the  name  of 
such  sub-contractor,  the  portion  of  the  work  which  such 
sub-contractor  is  to  do  or  the  materials  which  sub-con- 
tractor is  to  furnish,  the  place  of  business  of  the  sub-con- 
tractor and  such  information  as  the  Board  may  require  ro 
enable  it  to  know  whether  such  sub-contractor  is  able  com- 
petently to  do  the  work  or  provide  the  materials. 

The  Contractor  admits  and  covenants  to  and  with  the    Contractor  ap- 
proves   Plans   as 
involving  no 
City  that  the  plans  and  specifications  and  other  provisions    Damage. 

of  this  contract  for  construction,  if  the  work  be  done  with- 
out fault  or  negligence  on  the  part  of  the  Contractor,  do 
not  involve  any  danger  to  the  foundations,  walls  or  other 
parts  of  adjacent  buildings  or  structures;  and  the  Con- 
tractor shall  at  its  own  expense  make  good  any  damage 
that  shall,  in  the  course  of  construction,  be  done  to  any 
such  foundation,  walls  or  other  parts  of  adjacent  buildings 
or  structures. 

The  Contractor  shall  during  the  performance  of  the    Traffic  to  be 

maintained. 

work  safely  maintain  the  traffic  on  all  streets,  avenues, 
highways,  parks  or  other  public  places  in  connection  with 
the  work,  and  take  all  necessary  precautions  to  place 
proper  guards  for  the  prevention  of  accidents,  and  put  up 


60         Chapter  II. — Agreement  for  Construction. 

Indemnification         and  keep  at  night  suitable  and  sufficient  lights  and  indeni- 
for   Accidents. 

nify  and  save  harmless  the  City  against  and  from  all  dam- 
ages or  costs  to  which  it  may  be  put  by  reason  of  injury 
to  the  person  or  property  of  another  or  others,  resulting 
from  negligence  or  carelessness  in  the  performance  of  the 
work  or  from  guarding  the  same,  or  from  any  improper 
materials  used  in  its  construction,  or  by  or  on  account  of 
any  act  or  omission  of  the  Contractor  or  the  agents  there- 
of.   

The   Contractor   sha11   be   responsible   for   all   damage 
to  abutting  Prop- 
erty, which  may  be  done  to  abutting  property  or  buildings  or 

structures  thereon  by  the  method  in  which  the  construc- 
tion hereunder  shall  be  done,  but  not  including  in  such 
damage  any  damage  necessarily  arising  from  proper  con- 
struction pursuant  to  this  contract  or  the  reasonable  use, 
occupation  or  obstruction  of  the  streets  thereby.  The 
Contractor  shall  obey  any  order  of  the  Engineer  to  sup- 
port or  secure  abutting  property  or  any  structure  thereon ; 
but  the  Contractor  shall  not  be  relieved  of  responsibility 
by  any  failure  or  omission  of  the  Engineer  to  give  any 
such  order  or  notice  of  any  danger. 

Excavated  All  material  excavated  along  the  route  shall  be  the  prop- 

material. 

erty  of  the  Contractor. 


Chapter  II.  —  Agreement  for  Construction.         61 

The  Contractor  will  at  all  times  give  to  the  Board  and  Inspection. 
its  members,  to  the  Engineer  and  the  assistants  and  su- 
perintendents under  the  Engineer,  and  any  person  desig- 
nated by  the  Board  or  its  president,  all  facilities,  whether 
necessary  or  convenient,  for  inspecting  the  materials  to 
be  furnished  and  the  work  to  be  done  under  this  contract. 
The  members  of  the  Board,  the  Engineer  and  any  super- 
intendent, assistant  or  other  person  bearing  his  authoriza- 
tion or  the  authorization  of  the  Board  or  its  president, 
shall  be  admitted  at  any  time  summarily  and  without  de- 
lay to  any  part  of  the  work  or  to  inspection  of  materials 
at  any  place  or  stage  of  their  manufacture,  preparation, 
shipment  or  delivery. 

Any  engineer  substituted  by  the  Board  in  place  of  the   Substitute  of 

Chief  Engineer. 

Chief  Engineer  during  any  absence,  illness  or  inability  of 
his  or  when  the  Board  shall  so  determine,  shall,  during 
his  official  connection,  have  all  the  power  and  authority  of 
the  Engineer,  and  in  all  respects  be  recognized  as  such 
Engineer. 

The  Contractor  shall  complete  the  entire  work  upon   Contractor 

bound  to  com- 


every  section  of  which  construction  shall  be  required  as  ^l6^1" 
aforesaid  in  accordance  with  the  specifications  and  con- 
tract-drawings and  according  to  the  other  provisions  of 
this  contract  and  within  the  times  specified  in  this  contract 
in  the  most  workman-like  manner  and  with  the  highest 
regard  to  the  safety  of  life  and  property  and  according  to 


62  Chapter  II. — Agreement  for  Construction. 
the  lines,  levels  and  directions  given  by  the  Engineer,  for 
the  price  herein  agreed  upon,  except  that  for  extra  work, 
if  any,  there  shall  be  additional  payment  as  hereinbefore 
provided,  and  except  that  for  part  or  parts  of  the  work, 
if  any,  omitted,  there  shall  be  deduction  from  the  contract 
price  as  hereinbefore  provided. 

Best  Materials,  The  Contractor  is  to  furnish  of  the  best  description  all 

Machinery,  Tools, 

&c.,  to  be  used.  materials,  machinery,  implements,  tools  and  labor  neces- 
sary to  construct  and  put  in  complete  working  order  all 
work  covered  by  the  specifications,  contract-drawings  and 
other  provisions  of  this  contract  including  all  additional 
specifications,  drawings  and  details  issued  or  required  as 
herein  provided. 

In  order  to  construct  the  Railroad  it  will  be  necessary 
to  take  up  and  relay  the  pavement  or  other  surface  ma- 
terial, to  protect  and  support  during  construction  elevated 
and  surface  railways,  water  mains,  gas  pipes,  electric  sub- 
ways, pneumatic  tubes,  steam  pipes  and  other  subsurface 
structures,  together  with  their  necessary  connections,  as 
the  same  may  be  met  with  along  the  route ;  to  build  sewers 
both  along  the  route  and  other  streets ;  to  make  or  remake 
the  necessary  manholes,  catch  basins  and  other  sewer 
connections  therewith ;  to  move,  alter,  readjust  or  rebuild 
water  mains,  gas  pipes,  electric  subways,  pneumatic  tubes, 
steam  pipes  and  other  subsurface  structures,  together  with 


Construction 
includes    Sewer 
and  other 
Incidentals. 


Chapter  II. — Agreement  for  Construction.  63 
their  necessary  connections ;  and  to  do  all  such  additional 
and  incidental  work  as  may  be  necessary  for  the  comple- 
tion of  the  Railroad  and  the  final  restoration  of  the  street 
or  other  surface  to  as  useful  and  good  a  condition  as  ex- 
isted before  construction  shall  have  been  begun.  All  such 
work  of  every  description  is  part  of  the  work  of  Construc- 
tion of  the  Railroad  included  within  this  contract. 

The  following  are  specifications  of  the  work,  but  it  Is      Specifications 

not  exclusive. 

expressly  understood  that  such  specifications  do  not  in- 
clude all  requirements,  but  are  requirements  in  addition 

to  those  heretofore  or  elsewhere  given  or  provided  in  this 
contract.  The  specifications  and  other  provisions  of  this 
contract,  and  the  contract  drawings,  are  intended  to  be 
explanatory  of  each  other.  Should,  however,  any  dis- 
crepancy appear  or  any  misunderstanding  arise  as  to  the 
import  of  anything  contained  in  either,  the  explanation 
of  the  Engineer  shall  be  final  and  conclusive,  except  that, 

upon  any  claim  by  the  Contractor  that  it  has  been  called 
upon  to  do  work  or  furnish  materials  in  excess  of  quan- 
tity or  value  of  those  called  for  by  the  terms  of  this  con- 
tract, it  shall  be  entitled  to  appeal,  as  hereinbefore  pro- 
vided, and  to  a  correction  by  way  of  money  allowance  to 
it  of  any  error  of  the  Engineer. 


SPECIFICATIONS. 

These  specifications  are  grouped  in  subdivisions  as  fol- 
lows : 

PAGE. 

(67)        i.  General  Description  of  the  Work. 

(70)  2.  Manner  of  Prosecution. 

(74)  3.  Excavation. 

(78)  4.  Backfilling. 

(78}  5.  Piling  and  Timbering. 

(7p)  6.  Tunnelling. 

(Si)  7.  Cement. 

(te)  8.  Mortar. 

(83}  9.  Concrete. 

(£5)  10.  Brick  Masonry. 

(87)  ii.  Stone  Masonry. 

(po)  12.  Water  Proofing. 

(p^)  13.  Drains  and  Pumps. 

(p<5)  14.  Steel  and  Iron. 

(io<?)  15.  Painting. 

(10^:)  1 6.  Track, 

(no)  17.  Sewers. 

(127)  18.  Water  Mains. 

(132}  19.  Paving. 

(150)  20.  Maintenance  of  Street  Railway  Tracks, 
Mains  and  other  Surface  or  Sub-sur- 
face Structures. 

(157)  21.  Stations. 

(156}  22.  Terminals. 

(157)  23.  Equipment. 

(i5p)  24.  General  Clauses. 

(161}  25.  Sectional  Construction. 

(i<5i)  26.  Trade   Combinations. 


Chap.  II. — Agree't  for  Const' n:  Specifications.     67 


i.    GENERAL   DESCRIPTION. 

The  railway  to  be  built  commences  at  a  point  in  Park   General  de- 

,       scnption    of 
Row  near  Frankfort  Street,  with  a  two-track  loop  under   the  work. 

the  City  Hall  Park,  Broadway,  and  Park  Row  to  the 
above-mentioned  point  near  Frankfort  Street,  where  there 
commences  a  four-track  line  running  thence  under  Centre 
Street,  New  Elm  Street,  Lafayette  Place,  across  Astor 
Place  and  private  property  between  Astor  Place 
or  Eighth  Street  and  Ninth  Street  to  Fourth  Ave- 
nue at  Ninth  Street;  thence  under  Fourth  Avenue  and 
Park  Avenue  io  Forty-second  Street,  thence  under  Forty- 
second  Street  to  Broadway,  and  thence  under  Broadway 
and  the  Boulevard  to  a  point  at  or  near  Ninety-seventh 
Street,  all  of  which  railway  shall  be  known  as  the  Main  Main  Line. 
Line. 

On  the  four-track  portion  above  mentioned  the  inside  Express  and 
tracks  are  to  be  used  by  express  trains  stopping  only  at  Local  tracks- 
comparatively  long  distances,  and  the  outside  tracks  by 
local  trains  stopping  at  shorter  distances. 

At  or  near  Ninety-sixth  Street  suitable  cross-overs  shall  96th  Street 
be  constructed,  permitting  the  free  running  of  trains  from   c 
the  south-bound  express  track  to  the  south-bound  local 
track,  and  from  the  south-bound  local  track  to  the  south- 
bound express  track,  and  in  like  manner  from  the  north- 
bound express  track  to  the  north-bound  local  track,  and 
from  the  north-bound  local  track  to  the  north-bound  ex- 
press track. 

At  a  suitable  point  north  of  the  construction  of  these   East  Side 
cross-overs  the  outside  tracks  will  rise  so  as  to  permit  the  Line- 
inside  tracks,  on  reaching  a  point  near  One  Hundred  and 
Third  Street,  to  curve  to  the  right,  passing  under  the 
north-bound  track  and  to  continue  thence  across  and  un- 
der private  property  to  One  Hundred  and  Fourth  Street ; 
thence  under  One  Hundred  and  Fourth  Street  and  Cen- 
tral Park  to  One  Hundred  and  Tenth  Street  near  Lenox 
Avenue ;  thence  under  Lenox  Avenue  to  a  point  near  One 


68     Chap.   II. — Agree' t  for  Const' n:  Specifications. 

Hundred  and  Forty-second  Street ;  thence  across  and  un- 
der private  property  and  the  intervening  streets  to  the 
Harlem  River ;  thence  under  the  Harlem  River  and  across 
and  under  private  property  to  One  Hundred  and  Forty- 
ninth  Street;  thence  under  and  along  One  Hundred  and 
Forty-ninth  Street  to  Third  Avenue,  to  Westchester  Ave- 
nue, where  at 'a  convenient  point  the  tracks  will  emerge 
from  the  tunnel  and  be  carried  on  a  viaduct  along  and 
over  Westchester  Avenue,  Southern  Boulevard  and  Bos- 
ton Road  to  Bronx  Park. 

That  portion  of  the  railway  from  the  north  end  of  the 
cross-overs  at  or  near  Ninety-seventh  Street,  to  Bronx- 
Park,  shall  be  known  as  the  East  Side  Line. 

West   Side  From  the  northern  end  of  the  above-mentioned  cross- 

overs, at  or  near  Ninety-sixth  Street,  the  outside  tracks 
shall  rise,  as  previously  described,  and  after  the  over 
crossing  of  the  inside  tracks,  they  shall  be  brought  to- 
gether on  a  location  under  and  as  far  as  possible  sym- 
metrical with  the  centre  line  of  the  street  and  proceed 
along  and  under  the  Boulevard  to  a  point  between  One 
Hundred  and  Twenty-second  and  One  Hundred  and 
Twenty-third  Streets,  at  which  point  the  tracks  shall 
commence  to  emerge  from  the  tunnel  and  be  carried  on  a 
viaduct  along  and  over  the  Boulevard  to  a  point  between 
One  Hundred  and  Thirty-fourth  and  One  Hundred  and 
Thirty-fifth  Streets,  where  they  shall  again  pass  into  and 
continue  in  tunnel  under  and  along  the  Boulevard  and 
Eleventh  Avenue  to  a  point  about  thirteen  hundred  and 
fifty  (1,350)  feet  north  of  the  centre  line  of  One  Hun- 
dred and  Ninetieth  Street,  where  the  tracks  shall  again 
emerge  from  the  tunnel  and  be  carried  on  a  viaduct  across 
and  over  private  property  to  Elwood  Street,  and  over  and 
along  Elwood  Street  to  Kingsbridge  Road  or  Avenue, 
private  property,  the  Harlem  Ship  Canal  and  Spuyten 
Duyvil  Creek,  private  property,  Riverdale  Avenue  or  Two 
Hundred  and  Thirtieth  Street,  to  a  terminus  near  Bailey 
Avenue. 

That  portion  of  the  line  from  the  north  end  of  the 
cross-overs  at  or  near  Ninety-seventh  Street  to  the  above  - 


Chap.  II. — Agree 't  for  Const' n:  Specifications.     69 

mentioned  terminus  at   Bailey  Avenue,   shall  be  known 
as  the  West  Side  Line. 

In  addition  to  the  construction  of  the  railway  itself,  it 
will  be  necessary  to  construct  or  re-construct  certain 
sewers,  together  with  house  and  other  sewer  connections 
and  to  adjust,  re-adjust  and  maintain  railways,  pipes, 
subways,  and  other  surface  and  sub- surf  ace  structures, 
and  to  relay  the  street  pavement  both  on  streets  occupied 
by  and  on  streets  other  than  those  occupied  by  the  route 
of  the  railway. 

The  above  description  of  the  Main,  East  and  West  Side 
Lines,  and  the  sewers  off  the  route  of  the  railway,  is  told 
in  general  language,  but  the  location  of  the  various  tracks, 
junctions,  loops,  grades,  terminii,  etc.,  are  set  forth  more 
particularly  and  accurately  on  the  accompanying  Contract 
Drawings. 

During  the  progress  of  the  work  the  Board  will  give,  Lines  and' 
through  the  Engineer,  to  the  Contractor,  suitable  points,  Grades< 
marks  or  benches,  indicating  the  line  and  grade  of  the 
railway  and  of  the  sewers ;  such  points  for  bench  marks 
being  established  at  such  intervals  as  the  Engineer  deems 
necessary  for  the  Contractor  to  be  able  to  perform  its 
work.  From  such  line  points  and  benches,  the  .Contrac- 
tor, under  the  supervision  of  the  Engineer,  shall  make, 
unless  the  Board  decides  otherwise,  all  the  necessary  sub- 
measurements  for  the  locations  of  foundations,  walls,  col- 
umns, beams,  and  all  other  structural  parts,  both  for 
the  railway  and  all  other  structures  to  be  built  under 
this  contract.  Such  submeasurements  shall  be  at  all  times 
subject  to  inspection  by  the  Engineer,  and  if  found  to  be 
in  error,  as  called  for  by  the  plans  or  his  directions,  shall 
be  at  once  corrected,  even  though  work  had  been  done 
under  them. 

The  Contractor  shall  also  make  all  working  or  shop   Working  and 
drawings  which  may  be  required  in  addition  to  the  Con-   Sh°P   drawings, 
tract  Drawings,  or  in  addition  to  such  other  drawings  as 
the  Board  may  issue  in  amplification  of  such  Contract 
Drawings   as   explained   above.     All   working   or   shop 
drawings  shall  be  submitted  in  duplicate  to  the  Engineer 


70     Chap.  II. — A  greet  for  Const'n:  Specifications. 

for  his  approval,  which  approval  shall  be  indicated  by  his 
countersigning  one  set  of  such  working  or  shop  draw- 
ings and  returning  the  same  to  the  Contractor.  Should 
the  working  or  shop  drawings  be  not  in  accordance  with 
the  Contract  Drawings  and  Specifications,  then  the  En- 
gineer shall  return  one  set  of  such  working  or  shop  draw- 
ings, with  the  necessary  corrections  and  changes  indicat- 
ed thereon,  and  the  Contractor  must  make  such  correc- 
tions and  changes,  and  again  submit  plans  in  duplicate  for 
the  approval  of  the  Engineer ;  and  no  work  shall  be  done 
or  subcontract  let  upon  said  working  or  shop  drawings 
until  the  approval  of  the  Engineer  be  obtained,  except  as 
specified  below.  In  the  event  of  the  Engineer  failing  to 
take  any  action  within  ten  (10)  working  days  after  de- 
livery to  him  at  his  office  of  such  plans  in  duplicate,  such 
failure  shall  be  taken  as  equivalent  to  approval  and  the 
Contractor  shall  be  entitled  to  proceed  exactly  the  same 
as  if  one  set  had  been  returned  to  him  with  the  Engineer's 
approval  indicated  by  his  signature. 


2.    MANNER  OF   PROSECUTION. 

Rapidity  and  All  the  work  shall  be  prosecuted  in  the  manner  ac- 

cording to  location  best  calculated  to  promote  rapidity  in 
construction,  to  secure  safety  to  life  and  neighboring  prop- 
erty, and  to  reduce  to  the  minimum  any  interference  with 
the  public  travel. 

Night  work.  Wherever,  in  the  judgment  of  the  Board,  traffic  or  other 

local  conditions  demand,  the  work  shall  be  prosecuted 
during  the  night  only  or  .during  both  the  night  and  day ; 
and  at  all  points  the  Board  shall  have  power  to  require 
the  Contractor  to  so  conduct  its  work  that  it  shall  not  re- 
main open  or  obstruct  traffic  an  unreasonable  length  of 
time. 

Parks.  For  that  portion  of  the  route  under  Central  Park,  and 

other  public  parks  or  parkways,  such  reasonable  precau- 
tions must  be  taken  to  protect  from  injury  all  trees,  shrubs, 
other  plants  and  grassplots,  as  may  be  called  for  bv  the 
authorities  specially  charged  wim  the  care  of  the  public 


Chap.  II. — Agree't  for  Const' n:  Specifications.     71 

parks.  Such  trees  as  are  found  along  the  line  of  the 
route  and  between  the  necessary  side  lines  of  excavation, 
where  open  excavation  is  permitted,  are  to  be  supported  in 
place,  if  in  the  judgment  of  Engineer  such  trees  can 
thereby  be  saved.  For  every  tree  removed  or  killed,  the 
Contractor  shall  set  out  a  new  thrifty  tree  of  similar  kind 
of  a  height  not  less  than  fifteen  (15)  feet,  and  of  a  diam- 
eter not  less  than  three  and  one-half  (3^2)  inches,  in  such 
a  position  as  the  superintendent  of  public  parks  shall  in- 
dicate. All  roads,  crosspaths,  grassplots,  shrubbery  and 
other  plants,  removed  or  affected  by  the  construction  of 
the  railroad,  shall  be  restored  as  soon  as  possible  to  as 
good  a  condition  as  existed  before  commencing  operations. 
Special  care  must  be  taken  to  diminish  damage  wherever  v 
open  excavation  is  permitted,  and  the  width  of  such  ex- 
cavation must  not  exceed  the  width  actually  necessary,  in 
the  opinion  of  the  Engineer,  for  the  proper  prosecution  of 
the  work. 

In  Central  Park  there  must  be  no  disturbance  of  the 
surface  except  between  the  points  marked  "A"  and  "B" 
on  Contract  Drawing  No.  A25-  No  material  will  be  al- 
lowed to  be  piled  in  Central  Park  during  construction, 
unless  special  permission  is  obtained  therefor  from  the 
authorities  specially  charged  with  the  care  of  public  parks. 

For  that  portion  of  the  route  along  Park  Row,  and   Park  Row- 
Broadway  adjacent  to  the  Post  Office,  sucli  special  pre- 
cautions will  be  taken  as  may  be  required  by  the  Engineer 

For  that  portion  of  the  route  along  Centre  Street,  La-  Centre  Street, 
fayette  Place,  Fourth  Avenue,  Forty-second  Street,  Broad-  FotTrt^Avelrue,' 
way  between  Forty-second  Street  and  Sixtieth  Street,  the  42d  Street, 
Contractor  will  be  permitted  to  conduct  its  work  by  open 
excavation.     No  opening,  unless  roofed  over  with  timber 
so  as  to  permit  the  passage  of  vehicles  and  pedestrians, 
shall  exceed  in  length  four  hundred   (400)   feet,  nor  in 
width  the  distance  to  the  centre  of  the  street  or  the  outer 
rail  of  the  car  track  next  beyond  the  centre  of  the  street, 
if  such  car  track  exists,  plus  such  reasonable  space  in  ad- 


72     Chap.  II. — Agree' 't  for  Const' n:  Specifications. 


Openings    limited 
to  30  days. 


New    Elm 
Street. 


Park  Avenue. 


iO4th  Street 

and  Central   Park. 


dition  as  may  be  required  for  sheathing,  leaving  the  bal- 
ance of  the  street  unobstructed  for  normal  surface  traffic. 
No  two  unroofed  openings  shall  be  within  five  hundred 
(500)  feet  in  the  clear  of  each  other,  and  every  cross 
street  shall  be  bridged  over  such  opening  for  a  width 
of  at  least  fifteen  (15)  feet  for  a  carriageway  and  with 
one  (i)  foot  walk  in  addition  five  (5)  feet  in  width,  ex- 
cept at  Fourteenth  Street,  Twenty-third  Street,  Fifth 
Avenue  and  Sixth  Avenue,  where  the  bridging  for  the 
carriageway  shall  be  at  least  thirty  (30)  feet  in  width, 
and  for  two  (2)  foot  walks  in  addition,  each  at  least  five 
(5)  feet  in  width. 

No  open  excavation  shall  be  maintained  in  front  of  any 
property  for  a  period  greater  than  thirty  (30)  working 
days,  unless  the  consent  of  the  owner  of  such  property 
shall  be  filed  with  the  Board.  Should  it  be  impossible  to 
restore  the  pavement  within  the  space  of  thirty  (30)  days 
then,  unless  permitted  by  the  property  owner,  or  by  a 
special  vote  of  the  Board,  the  Contractor  shall  maintain  a 
bridge  or  roof  over  such  excavation,  which  bridge  or  roof 
shall  not  be  subsequently  removed  for  a  period  exceeding 
four  (4)  days  at  any  one  time. 

For  that  portion  of  the  route  along  New  Elm  Street, 
the  Contractor  shall  be  permitted  to  conduct  its  work  by 
open  excavation,  \vhich  may  be  the  full  width  of  the  tun- 
nel. The  Contractor  shall,  however,  maintain  bridges  at 
each  cross  street  at  least  twenty  (20)  feet  in  width,  and 
wherever  required  by  the  Board,  shall  so  arrange  its  work 
as  to  give  access  to  all  property  abutting  on  Elm  Street 
which  shall  not  abut  also  on  a  cross  street,  and  not  close 
at  one  time  more  than  two  (2)  adjacent  blocks  against 
vehicular  traffic. 

For  that  portion  of  the  route  under  Park  Avenue  be- 
tween Thirty-fourth  and  Fortieth  Streets,  the  work  shall 
be  done  by  tunnelling  without  disturbing  the  surface  of 
the  street. 

For  that  portion  of  the  route  from  the  east  side  of  the 
Boulevard  between  One  Hundred  and  Third  and  One 
Hundred  and  Fourth  Streets  to  the  points  marked  "A"  in 


Chap.  II. — Agree't  for  Const' n:  Specifications.     73 

Central  Park  on  Contract  Drawing  No.  A  25,  and  such 
other  portions  of  the  route  where  the  Contractor  may  so 
desire,  the  work  shall  be  done  by  tunnelling.  On  the  por- 
tion of  the  route  above  specifically  described,  the  Contrac- 
tor may  establish  a  shaft  of  such  suitable  size  as  may  be 
necessary,  on  the  easterly  sidewalk  of  Central  Park  West, 
leaving,  however,  a  footway  for  pedestrians  to  pass  the 
same  of  not  less  than  six  (6)  feet  in  width,  which  for  the 
protection  of  pedestrians  shall  be  securely  roofed  over  and 
be  kept  lighted  at  night.  From  this  shaft  the  Contractor 
will  work  both  wrays  to  meet  the  headings  driven  easterly 
from  the  Boulevard  and  westerly  from  the  point  marked 
"A"  on  Contract  Drawing  marked  No.  A  25.  No  encroach- 
ment on  the  lands  of  Central  Park  at  the  shaft  above- 
mentioned  will  be  allowed  without  the  express  permission 
of  the  proper  authorities  charged  with  the  care  of  public 
parks. 

On  other  portions  of  the  route  wherever  the  Contractor 
may  desire  to  work  by  tunnelling,  it  may  locate  shafts  as 
approved  by  the  Board,  of  such  size  and  in  such  locations 
as  will  not  prevent  a  reasonable  use  of  the  thoroughfares 
by  vehicles  and  pedestrians,  and  surface  tramways,  if  they 
exist. 

For  that  portion  of  the  route  lying  beneath  the  Harlem  Harlem  River. 
River  and  the  approaches  thereto,  the  work  may  be  con- 
ducted by  means  of  compressed  air,  dredging,  open  cais- 
sons founded  on  piles,  or  such  other  means  as  the  Con- 
tractor may  prefer  and  as  may  be  approved  by  the  En- 
gineer. Whatever  method,  however,  is  pursued,  must 
give  the  tunnel  a  firm  foundation  without  danger  of  settle 
ment,  and  must  during  construction  give  a  free  and  unob- 
structed waterway,  for  the  passage  of  vessels,  at  least 
two  hundred  (200)  feet  in  width.  If  necessary,  the  Con- 
tractor must  keep  a  channel  dredged  to  a  depth  at  least 
equal  to  the  minimum  channel  depth  existing  in  the  Har- 
lem River  at  the  time  of  commencing  construction.  The 
Contractor  must  also  maintain  suitable  signals  during  both 
day  and  night,  and  during  foggy  weather,  to  indicate  the 
position  of  its  temporary  work  and  must,  if  required  by 
the  Engineer,  protect  the  same  by  guard  piles.  When 


74     Chap.  II. — Agree 't  for  Const 'n:  Specifications. 


Other  portions 
the  Route. 


construction  is  finished,  all  temporary  piles  must  be  drawn 
and  all  parts  of  caissons  or  other  work  removed,  so  that 
there  will  be  an  unobstructed  depth  of  water  over  the  top 
of  the  tunnel  for  the  full  width  of  the  river  measured  be- 
tween the  established  bulkhead  lines  as  shown  by  the  plans. 

For  all  other  portions  of  the  route  north  of  Sixtieth 
Street  not  otherwise  specified,  the  Contractor  will  be  per- 
mitted to  conduct  its  \vork  in  the  most  expeditious  man- 
ner possible,  having  due  regard  for  the  safety  of  persons 
and  neighboring  property  and  under  such  reasonable  in- 
structions as  the  Engineer  may  give  from  time  to  time  as 
to  facilities  to  be  furnished  by  the  Contractor  for  the  bene- 
fit of  street  travel,  both  longitudinal  and  cross. 

Along  the  Boulevard,  where  in  the  course  of  the  work 
it  is  necessary  to  destroy  the  trees  in  the  parkways,  the 
Contractor  shall  set  out  if  required,  wherever  there  exists 
four  (4)  feet  or  more  of  top  filling  over  the  roof  of  the 
tunnel,  an  equal  number  of  new  trees  of  the  same  kind 
not  less  than  fifteen  (15)  feet  in  height  and  with  a  diam- 
eter not  less  than  three  and  one-half  (3^2)  inches.  These 
trees  are  to  be  bedded  in  good  soil  to  be  approved  by  the 
Engineer,  and  are  to  be  stayed  by  suitable  guys  until  they 
have  become  well  rooted. 


Access  to 
fire  hydrants. 


3.     EXCAVATION. 

^ 'herever  the  work  is  being  carried  on  by  open  excava- 
tion, access  must  be  given  by  a  bridge  to  every  fire  hydrant 
and  fire  alarm  box,  and  at  all  times  and  in  all  places  no 
materials  must  be  piled  within  four  (4)  feet  of  any  fire 
hydrant  or  fire  alarm  box ;  and  where  materials  are  piled 
near  to  a  fire  hydrant  or  fire  alarm  box,  and  to  such  height 
as  to  obscure  a  sight  of  the  same,  the  position  of  such 
hydrant  or  fire  alarm  box  shall  be  indicated,  if  required 
by  the  Fire  Department,  by  suitable  signals,  both  day  and 
night.  And  all  work  in  excavation  must  be  so  conducted 


Chap.  II. — Agree' t  for  Const' n:  Specifications.     75 

or  bridged,  if  necessary,  as  to  give  the  Fire  Department 
access  at  all  times  and  in  all  places  to  any  building  or 
buildings  for  the  extinguishing  of  a  fire. 

Trenches  shall  be  excavated  to  such  depth  in  soft  Depth  of 
ground  as  may  be  necessary  to  permit  the  laying  of  such 
concrete  bed  or  special  foundation  as  may  be  deemed  nec- 
essary by  the  Engineer.  In  rock  they  shall  be  excavated 
to  such  depth  so  that  no  projecting  point  of  rock  shall  be 
within  eight  (8)  inches  of  the  grade  of  the  finished  sur- 
face of  the  floor. 

Such  excavated  sand,  gravel  or  stone  as  in  the  judg-    Material   ex- 

CeLV3,tcd 

ment  of  the  Engineer  is  suitable  for  use  in  mortar,  con- 
crete or  masonry,  may  be  stored  and  so  used  in  the  work. 
The  balance  shall  be  removed  expeditiously  and  disposed 
of  in  any  place  selected  by  the  Contractor,  subject  to  the 
ordinances  and  regulations  of  the  City  authorities  govern- 
ing the  disposal  of  suclf  material,  and  the  regulations  of 
the  United  States  Government  as  to  the  disposal  or  dump- 
ing of  material  in  and  about  or  near  the  Harbor  of  New 
York.  The  carting  awsiy  of  excavated  material  shall  be  Hours  of  re- 
done in  residential  districts  between  the  hours  of  7  A.  M.  r 
and  8  P.  M.,  unless  otherwise  specially  directed  by  the 
Board. 


All  material  which  with  the  permission  of  the  Board   Material  to  be 
may  be  left  temporarily  in  the  street,  shall  be  watered  by  wa 
the  Contractor  when  so  directed  by  the  Engineer. 


For  the  purpose  of  facilitating  construction  and  to  di-  Temporary 
minish  the  period  of  occupancy  of  any  street  for  the  trans- 
portation of  material,  the  Contractor  may,  with  the  ap- 
proval of  the  Board,  lay  upon  or  over  the  surface  of  any 
street  temporary  tramways  to  be  used  only  for  the  removal 
of  excavated  materials  and  for  the  transportation  of  ma- 
terials for  use  in  construction,  provided,  however,  that  any 
such  tramway  shall  be  forthwith  removed  upon  the  direc- 
tion of  the  Board. 

All  carts,  buckets  or  other  vehicles  used  by  the  Con-   Carts  to  be 
tractor  for  the  removal  of  material  shall  be  tight  and  so  tlg  t- 
arranged  when  loaded  as  not  to  spill  over  the  top.     When- 
ever a  cart,  bucket  or  other  vehicle  so  used  is  leaky,  it 


76     Chap.  II. — Agree 't  for  Const' n:  Specifications. 

shall  be  immediately  withdrawn  from  the  work  on  notifi- 
cation by  the  Engineer  or  his  duly  qualified  assistant  in 
charge  of  that  portion  of  the  work. 


Open  Exca- 
vations. 


Sides  to  be 
secured. 


Quicksand. 


Pumping. 


All  open  excavations  shall  be  of  such  width,  in  addition 
to  that  of  the  railway,  as  shall  be  necessary  in  the  opinion 
of  the  Engineer,  for  the  proper  and  expeditious  progress 
of  the  work,  and  to  permit  the  laying  and  readjusting  of 
all  sewers,  mains,  subways  and  other  subsurface  structures 
encountered  along  the  route.  The  paving,  flagging,  bridge, 
curb  or  gutter  stones,  if  to  be  re-used,  shall  be  taken  at 
once  to  be  used  on  another  block  or  shall  be  piled  neatly 
along  the  route  or  in  streets  adjacent  thereto,  as  may  be 
permitted  by  the  Engineer,  but  so  as  not  to  prevent  a  rea- 
sonable use  of  the  sidewalk  by  pedestrians,  or  of  the  car- 
riageway by  vehicles  or  street  cars.  The  sides  of  the  ex- 
cavations shall  be  secured  against  slips  by  suitable  sheet 
piling  or  sheathing,  held  in  place  by  braces,  shores,  or 
waling  strips,  special  precautions  being  taken  where  there 
is  additional  pressure  due  to  the  presence  of  buildings  or 
other  structures.  The  Engineer  may  order  additional 
braces  and  supports,  and  the  same  shall  be  promptly  put  in 
place  by  the  Contractor.  All  such  sheet  piling,  sheathing, 
bracing,  shores  and  waling  strips,  shall  be  put  in  place  by 
workmen  especially  skilled  for  that  purpose,  and  shall  be 
so  arranged  as  to  permit  their  being  withdrawn  when  the 
trenches  are  being  backfilled.  In  the  event  of  encounter- 
ing quicksand,  subsurface  streams  or  similar  dangerous 
contingencies,  or  where  passing  especially  heavy  buildings 
which  by  their  construction  or  position  might  bring  a 
great  pressure  upon  the  trenches,  the  right  is  reserved  by 
the  Board  for  the  Engineer  to  direct  that  but  a  short 
length  of  trench  shall  be  opened  at  one  time,  and  further- 
more to  direct,  if  necessary,  that  the  same  shall  be  se- 
curely sheathed  and  braced  on  all  sides  after  the  manner 
of  a  shaft,  and  that  the  permanent  work  be  constructed  in 
such  shaft  and  backfilled  before  another  opening  is  made. 
Whenever  water  is  encountered  in  trenches,  the  same  shall 
be  removed  by  baling  or  pumping,  great  care  being  taken 
when  pumping  that  the  surrounding  particles  of  soil  be 
not  disturbed  or  removed.  If  necessary  to  prevent  such 


Chap.  II. — Agree' t  for  Const'n:  Specifications,     77 

disturbance,  the  pumping  must  be  done  by  a  series  of 
driven  wells  whose  points  are  protected  by  fine  wire  cloths, 
and  the  rate  of  flow  at  each  well  being  made  so  slow  as  not 
to  remove  the  particles  of  soil ;  or  the  pumping  must  be 
done  by  other  means  approved  by  the  Engineer.  The 
delivery  from  all  pumps  shall  be  conducted  into  the  ad- 
jacent sewers,  and  the  delivery  pipes  shall  be  so  arranged 
as  to  be  readily  inspected  at  all  times  to  ascertain  if  the 
water  is  free  from  particles  of  soil. 


Whenever  rock  is  encountered  in  any  trench,  and  blast-  Blasting, 
ing  is  necessary  for  its  removal,  all  necessary  precautions 
must  be  exercised  by  the  Contractor,  and  before  blasts  are 
fired  the  same  must  be  covered  with  logs,  as  required  by 
the  ordinances  of  the  City  of  New  York  relative  to  blast- 
ing.   Explosives  shall  be  used  only  of  such  character  and 
strength  as  may  be  permitted  by  the  Board,  and  the  right       % 
is  reserved  for  the  Engineer  to  direct  that  in  special  cases 
ordinary  blasting  powder  only,  in  small  charges,  shall  be 
used. 


Wherever  any  pipe  or  main  is  encountered  in  the  trench, 
right  is  reserved  to  direct  that  all  rock  within  five  (5)  feet 
of  the  same  shall  be  removed  by  means  other  than  blasting. 
In  residental  districts  no  blasts  in  open  trenches  shall  be 
fired,  without  the  special  permission  of  the  Board,  between 
the  hours  of  8  P.  M.  and  7  A.  M.  No  larger  quantity  of  Hours  for 
explosives  shall  be  kept  on  the  line  of  the  work  than  will 
be  actually  required  for  the  twelve  (12)  hours  of  work 
next  ensuing,  and  such  supplies  shall  be  divided  as  far  as 
possible  and  kept  under  lock,  the  key  to  which  being  only 
in  the  hands  of  the  foreman  or  other  equally  trustworthy 
person.  The  amount  of  explosives  kept  in  any  one  place  storage  of 
shall  not  exceed  the  limit  permitted  by  any , ordinance  of  Explosives, 
the  city,  or  as  may  be  determined  by  the  Board.  Caps 
and  exploders  shall  not  be  kept  in  the  same  place  with 
dynamite  and  other  explosives.  During  freezing  weather, 
special  precautions  shall  be  taken  as  to  the  care  and  ma- 
nipulation of  dynamite. 


78     Chap.  II. — Agree 't  for  Const' n:  Specifications. 

4.     BACKFILLING. 
Layers 

The  trenches  at  the  sides  of  and  over  the  top  of  the  tun- 
nel shall  be  backfilled  with  sand,  gravel,  or  other  good 
clean  earth  and  free  from  stones  exceeding  eight  (8) 
inches  in  diameter  and  not  containing  in  any  place  a  pro- 
portion of  stone  below  that  size  exceeding  one  ( i )  part  of 
stone  to  three  (3)  parts  of  earth.  The  filling  shall  be  de- 
posited in  layers  not  exceeding  nine  (9)  inches  in  thick- 
ness, well  watered  and  thoroughly  packed  by  rammers 
weighing  not  less  than  thirty  (30)  pounds  each,  and  in 
such  manner  that  no  unbalanced  pressure  can  be  thrown 
upon  the  tunnel  or  any  sewer,  pipe  or  other  subsurface 
structure.  Whenever  pipes,  sewers,  or  other  subsurface 
structures  are  met  with,  the  filling  must  be  carefully 
packed,  rammed  and  tamped  under  such  subsurface  struct- 
•  ures,  using  special  tools  for  the  purpose.  No  filling  of 

trenches  with  frozen  earth  will  in  any  case  be  permitted. 
Timber  to  be  .11-11 

withdrawn.  As  fast  as  the  work  of  filling  permits,  sheathing  and  other 

timber  supporting  the  sides  of  the  excavation  shall  be 
carefully  withdrawn,  or  left  in  place  as  directed  by  the 
Engineer. 

5.     PILING    AND    TIMBERING. 

Piles.  At  situations  where  the  excavation  is  in  wet  ground, 

or  for  the  foundations  of  any  part  of  the  viaduct  portions 
of  the  railroad,  if  in  the  judgment  of  the  Engineer  the 
ground  is  of  such  a  character  as  to  -require  piling,  the 
Board  may  direct  the  Contractor  to  drive  piles.  Such 
piles  shall  be  of  good  sound  oak,  pine  or  spruce,  straight 
and  free  from  shakes ;  they  shall  be  not  less  than  twelve 
( 12)  inches  in  diameter  at  the  butt  end,  nor  less  than  six 
(6)  inches  in  diameter  at  the  point,  and  shall  be  driven 
to  the  satisfaction  of  the  Engineer  and  by  means  of  a 
steam  hammer  driver  if  so  required  by  him.  If  neces-- 
sary  the  points  of  the  piles  shall  be  protected  by  proper 
shoes,  and  the  butts  by  rings  or  caps.  Piles  shall  not 
be  spliced  unless  permitted  by  the  Engineer,  and  then  in 


Chap.  II. — Agree't  for  Const 'n:  Specifications.     79 

such  a  manner  as  he  directs.     Piles  shall  be  carefully  cut 
off  to  the  grade  given  by  the  Engineer. 

All  foundation  timber  shall  be  of  pine  or  spruce,  or  Foundation 
other  timber  permitted  by  the  Engineer,  sound  and  free 
from  shakes.  It  shall  be  of  such  dimensions,  and  laid  in 
such  manner,  as  the  special  plans  to  be  issued  shall  re- 
quire, and  held  in  place  by  spikes  or  good  seasoned  oak 
or  locust  treenails. 

All  timber  used  for  sheeting,  shoring,  bracing,  bridging  Timber  for 

or  other  temporary  purposes,  shall  be  sound  and  free  from  temP°rary 
...  AT.  purposes, 

any  defects  that  may  impair  its  strength.     The  top  or 

wearing  surface  of  all  bridging  used  for  carriageways 
shall  be  of  hard  yellow  pine,  sound,  straight,  and  free 
from  all  shakes,  and  large  loose  knots.  All  sheathing  and 
timber  used  temporarily  shall  be  put  in  place  by  skilled 
mechanics,  keyed  tight  by  wedges  where  necessary,  and 
so  arranged  as  to  be  withdrawn  readily  without  erfdan-  * 
gering  the  adjoining  soil. 

6.    TUNNELLING. 

All  tunnels,   unless   otherwise  ordered  by  the   Board,   Tunnels  to  be- 
shall  be  lined  with  concrete  or  brick  masonry.     Where   lmed- 
tunnels  are  in  rock  and  said  rock  is  dry  and  free  from 
waterbearing  seams,  the  lining  may  be  of  brick  or  con- 
crete, at  the  option  of  the  Contractor.     Where  in  wet 
ground  the  lining  shall  be  of  brick  of  which  at  least  one 
ring  in  the  arch  and  one  brick  thickness  in  the  sidewalls, 
shall  be  laid  in  asphalt  as  prescribed  in  these  specifications 
relative  to  waterproofing. 

The  spacing  between  the  extrados  of  the  arch  or  back  Packing-, 
of  the  sidewalls  and  the  rock  or  other  materials  of  excava- 
tion, shall  be  completely  filled  with  dry  packing  of  sound 
stone  of  approved  size  and  quality  and  free  from  perish- 
able matter,  or  with  rubble  masonry  laid  in  natural  cement 
mortar,  or  with  concrete,  as  may  be  ordered  by  the  En- 
gineer. The  filling  of  whatever  nature  to  be  carefully  and 
thoroughly  compacted  so  as  to  bring  a  uniform  pressure 
on  the  masonry. 


8o     Chap.  II. — Agree' t  for  Const' n:  Specifications. 


Extrados  to  be 
coated. 


Blasting. 


Loose    Rock. 


Whenever  dry  packing  is-  used,  the  extrados  of  the  arch 
and  back  of  the  sidewalls  where  in  contact  with  such  dry 
packing,  shall  be  covered  with  a  coating  of  natural  cement 
mortar  mixed  one  (i)  portion  cement  to  one  (i)  portion 
sand,  and  not  less  than  one-half  (y2)  inch  thick. 

The  tunnels  shall  be  excavated  to  the  lines  as  shown 
on  the  plans.  Drilling  and  blasting  must  be  conducted 
with  all  possible  care  and  in  such  manner  as  not  to  shat- 
ter the  roof  and  sides  outside  of  the  section  lines,  nor 
endanger  adjoining  property.  Blasts  shall  not  be  fired 
between  the  hours  of  8  P.  M.  and  7  A.  M.  where  tunnels 
are  in  front  of  private  residences,  without  the  express  per- 
mission of  the  Board  and  under  such  restrictions  as  it 
may  impose. 

Whenever  any  loose  rock  occurs  outside  of  the  lines  of 
the  excavation,  whose  fall  or  settlement  might,  in  the 
j  udgment  of  the  Engineer,  produce  an  unequal  or  concen- 
trated pressure  on  the  masonry,  the  same  shall  be  re- 
moved. 


Drainage  of 
seams. 


Soft  ground. 


Methods  to  be 
approved. 


Arched  cut  and 
cover. 


All  seams  carrying  water  shall  be  carefully  drained,  as 
specified  under  the  clauses  relating  to  drainage. 

In  soft  ground  the  Contractor  must  take  every  precau- 
tion, or  such  precautions  as  the  Engineer  may  direct,  by 
suitable  shields,  timbering,  lagging  or  other  supports,  to 
prevent  any  settlement  or  movement  of  surrounding 
ground.  Such  timber  as  cannot  be  drawn  without  endan- 
gering the  work  or  the  ground  above,  shall  be  left  in  place 
and  thoroughly  surrounded  by  masonry  or  dry  packing, 
as  the  Engineer  may  direct. 

All  methods  of  tunnelling  shall  be  subject  to  the  ap- 
proval of  the  Engineer,  and  be  changed  from  time  to  time 
if,  in  his  judgment,  the  local  conditions  so  require. 

In  arched  cut  and  cover  work  the  arching  and  side  walls 
shall  be  of  concrete  or  brick  masonry,  with  proper  pre- 
caution taken  in  each  case  to  prevent  leaks,  as  prescribed 
in  the  clauses  relating  to  waterproofing. 


Chap.  II. — A  greet  for  Const' n:  Specifications.     81 


7.     CEMENT. 

Natural  and  Portland  cement,  slow  or  quick  setting,   Best  quality, 
as  directed,  and  equal  in  quality  to  the  best  grades  of 
Rosendale  and  American  Portland  cements  respectively 
are  to  be  used  and  delivered  in  well  made  casks  or  such 
other  packages  as  may  be  approved  by  the  Engineer. 

Before  any  cement  will  be  allowed  to  be  used,  the  brand  Brand  to  be 
and  name  of  the  maker  must  be  submitted  to  and  receive  aPProved- 
the  approval  of  the  Engineer,  and  no  cement  will  be  per- 
mitted to  be  used  that  is  not  in  all  respects  satisfactory 
to  him. 

All  cements  used  shall  be  subject  to  inspection  and   Inspection  and 
such  rigorous  tests  as  shall  be  ordered  by  the  Engineer,  * 
preference  being  given  to  cements,  however,  which,  by 
their  records,  show  a  tendency  to  develop  strength  stead- 
ily for  long  periods,  unless  for  special  purposes  cement 
is  required  that  will  develop  great  strength  in  a  short 
time. 

The  Contractor  must  at  all  times  keep  in  store,  at  some  Methods  of 
convenient  point  in  the  vicinity  of  the  work,  or  at  the  s 
place  of  manufacture,  should  the  Engineer  so  elect,  a 
sufficient  quantity  of  cement  to  allow  ample  time  for  tests 
to  be  made,  and  the  Engineer  shall  be  notified  at  once  of 
each  delivery.  Cements  shall  be  stored  in  a  tight  building, 
each  cask  or  package  being  raised  several  inches  above 
ground  by  blocking  or  otherwise,  and  ample  storage  room 
must  be  provided  so  that  each  separate  lot  of  not  more 
than  one  hundred  (100)  barrels  can  be  stored  so  as  to 
make  it  convenient  to  identify  each  individual  lot  in  case 
of  its  rejection,  or  in  case  of  the  necessity  for  further 
tests. 


82     Chap.  II. — Agree' t  for  Const' n:  Specifications. 


Sand. 


How  mixed. 


Cement   how 
measured. 


8.     MORTAR. 

All  mortar  shall  be  prepared  from  cement  in  perfect 
condition,  which  has  passed  the  tests  required  by  the  En- 
gineer, and  clean,  sharp  sand,  free  from  loam  or  foreign 
matter,  and  approved  by  the  Engineer.  These  ingredients 
shall  be  thoroughly  mixed  dry  in  the  proportions  as  speci- 
fied below ;  a  moderate  dose  of  water  is  then  to  be  added, 
so  as  to  produce  a  stiff  paste  of  the  proper  consistency. 
The  mortar  shall  be  freshly  mixed  for  the  work  in  hand, 
in  proper  boxes  made  for  that  purpose,  and  no  mortar 
shall  be  used  that  has  become  hard  or  has  taken  an  initial 
set,  nor  shall  any  mortar  be  used  that  has  stood  beyond 
such  limit  of  time  as  may  be  ordered  by  the  Engineer. 
No  retempering  of  mortar  will,  under  any  circumstances, 
be  permitted. 

In  mixing  mortar,  the  cement  shall  be  measured  as 
packed  in  the  casks  received  from  the  manufacturer,  or 
in  other  packages  equivalent  to  casks,  and  the  propor- 
tions by  volume  shall  be,  for  the  various  classes  of  work, 
as  specified  below : 

Brick  masonry,  i  portion  Portland  Cement,  2  portions 
sand. 

Column  footing  stones,  I  portion  Portland  Cement,  2 
portions  sand. 

Stone  masonry,  i  portion  Portland  Cement,  2J/2  por- 
tions sand. 

Rubble  masonry,  i  portion  Natural  Cement,  2  por- 
tions sand. 

Pointing,  i  portion  Portland  Cement,  i  portion  sand. 

Concrete  masonry,  as  specified  under  the  head  of  con- 
crete. 

For  other  classes  of  work,  as  directed  by  the  Engineer. 


Chap.  II. — Agree't  for  Const' n:  Specifications.     83 

9.    CONCRETE. 

The    concrete    shall    be    composed    of    sound,    clean,   How  composed, 
screened  gravel  or  sound  broken  stone,  or  a  mixture  of 
both,  free  from  all  dirt  and  dust,  and  mixed  together  with 
the  proportion  of  mortar  specified  below. 

The  broken  stone  or  gravel  used  for  concrete  for  the   size  of  Stone 

finishing-  floor  of  the  railway,  must  not  exceed  one  ( I )    i_n  finishing 

floor, 
inch  at  their  largest  diameter. 

For    all    other    concrete   the   maximum    diameter   for  Size  of  Stone 

._  .  ,       other    concrete, 

broken  stone  or  gravel  unless  specifically  permitted  by 

the  Engineer  must  not  exceed  in  any  direction  two  (2) 
inches,  with  a  minimum  diameter  of  one-quarter  (*4)  of 
an  inch. 

In  all  concrete  where  the  thickness  is  thirty  (30)  inches  Rubble  concrete, 
or  more,  the  Contractor  may  imbed  in  the  same  broken 
pieces  of  sound  stone  whose  greatest  diameter  does  not 
exceed  twelve  (12)  inches,  and  whose  least  diameter  or 
thickness  is  not  less  than  three-quarters  ( 24  )  of  the  great- 
est diameter.  These  stones  shall  be  set  by  hand  in  the 
concrete  as  the  layers  are  being  rammed,  and  so  placed 
that  each  stone  is  completely  and  perfectly  bedded.  No 
two  stones  are  to  be  within  six  (6)  inches  of  each  other 
and  no  stones  within  four  (4)  inches  of  an  exposed  face. 

The  proportions  of  mortar  and  stone  used  in  making   Proportions  of 

.  1t  concrete, 

concrete  shall  be  as  follows : 

Concrete  in  arches  of  roof  and  sidewalls,  where  the 
thickness  does  not  exceed  18  inches,  one  (i)  portion 
Portland  cement,  2  portions  sand,  4  portions  stone. 

Concrete  in  sidewalls  or  tunnel  arches,  where  backing 
is  rock  in  place,  i  portion  Portland  cement,  2^  portions 
sand  and  5  portions  stone. 

Concrete  in  foundations  in  wet  ground,  where  thick- 
ness, exclusive  of  finishing  floor  concrete,  does  not  ex- 
ceed 24  inches,  i  portion  Portland  cement,  2  portions  sand, 
4  portions  stone. 

Concrete  in  foundations  in  wet  ground  where  thickness, 
exclusive  of  finishing  floor  concrete,  exceeds  24  inches, 
i  portion  Portland  cement,  2.^/2  portions  sand,  5  por- 
tions stone. 


Stone  to  be 
wet. 


To  be  laid 
immediately. 


To  be  allowed 
to  set. 


Rock  to  be 

cleaned. 

How  to  join 
new  concrete 
with  old. 


Molds. 


84     Chap.  II. — Agree 't  for  Const' n:  Specifications. 

Concrete  in  foundations  in  dry  ground,  i  portion  Port- 
land cement,  2l/2  portions  sand,  5  portions  stone. 

Concrete  in  foundations  where  on  rock,  if  not  exceed- 
ing 12  inches  in  thickness,  i  portion  Portland  cement,  2l/2 
portions  sand.  5  portions  broken  stone.  If  exceeding  12 
inches,  i  portion  Portland  cement,  3  portions  sand,  6 
portions  broken  stone.  (Nom — If  the  rock  is  dry,  Nat- 
ural cement  may  be  substituted  for  Portland  cement  in 
above,  but  increasing  the  quantity  of  cement  used  thirtv 
(30)  per  cent.). 

Concrete  in  mass,  such  as  retaining  walls,  or  backing 
of  masonry  retaining  walls,  in  dry  ground,  i  portion  Nat- 
ural cement,  2.y2  portions  sand,  5  portions  stone.  If  such 
retaining  walls  or  backing  are  in  wet  ground,  or  subject 
to  extraordinary  strain,  then  Portland  cement  shall  be 
substituted  for  Natural. 

The  broken  stone  or  gravel  shall  be  spread  on  a  plat- 
form sprinkled  with  water,  and  then  thoroughly  mixed 
with  the  mortar  in  the  proportions  as  specified  above. 
Machinery  for  the  mixing  of  concrete  may  be  used  if 
approved  by  the  Engineer. 

The  concrete  shall  be  laid  immediately  after  mixing 
and  be  thoroughly  compacted  throughout  the  mass  by 
ramming.  The  amount  of  water  used  in  making  the  con- 
crete shall  be  approved  by  the  Engineer. 

The  concrete  shall  be  allowed  to  set  for  twelve  (12) 
hours,  or  more,  if 'so  directed,  before  any  work  shall  be 
laid  upon  it ;  and  no  walking  over  or  working  upon  it 
shall  be  allowed  while  it  is  setting. 

Before  laying  concrete  on  rock  surfaces  the  latter  shall 
be  swept  clean  of  the  debris  and  dirt. 

Whenever  it  becomes  necessary  to  lay  fresh  concrete 
next  to  or  on  top  of  concrete  in  which  the  mortar  has 
already  set,  the  surface  of  the  old  concrete  shall  be  well 
washed  and  a  thin  layer  of  clear  cement  shall  then  be 
spread  over  it  immediately  previous  to  the  laying  of  the 
fresh  concrete. 

Suitable  molds  shall  be  provided  by  the  Contractor  to 
support  the  concrete  while  being  rammed  in  the  walls  o: 


Chap.  II. — Agree 't  for  Const' n:  Specifications.     85 

roofs.  These  molds  shall  be  immediately  replaced  by  new 
ones  as  soon  as  they  commence  to  lose  their  proper  shape. 
Before  being  used  they  shall  be  carefully  cleaned  of  ce- 
ment and  dirt  and  shall  present  to  the  concrete  on  the  sur- 
face afterwards  exposed  to  sight  a  perfectly  smooth  sur- 
face, to  be  obtained  by  covering  such  portion  of  the  molds 
with  sheet  metal,  or  by  carefully  planing  the  wood  and 
coating  the  face  of  the  same  with  black  oil.  In  no  case 
on  an  exposed  surface  of  the  concrete  must  the  joints  of 
any  competent  pieces  of  the  mold,  nor  the  grain  of  the 
wood,  be  visible.  The  molds  shall  be  set  true  to  line, 
•firmly  secured,  and  be  so  tight  as  not  to  allow  water  in 
the  mortar  to  escape.  They  shall  remain  in  place  until 
the  concrete  is  thoroughly  set,  and  in  the  event  of  pressure 
coming  at  once  on  the  concrete,  such  additional  time  as  the 
Engineer  may  direct. 


On  removing  the  molds,  if  any  voids  or  irregular  con-   Voids  to  be 
nections  with  the  steel  framework  are  discovered,  such   filled' 
defective  work  shall  be  cut  out  and  filled  with  a  rich  con- 
crete or  mortar,  in  such  proportion  and  in  such  manner  as 
the  Engineer  may  direct. 


10.     BRICK    MASONRY. 

Bricks  for  all  masonry,  except  where  enamelled  bricks  Quality, 
are  specified,  shall  be  of  the  best  quality,  hard  burned 
bricks,  burned  hard  entirely  through,  regular  and  uniform 
in  shape  and  size  and  of  compact  texture.  Special  bricks 
of  pressed  concrete  or  other  equally  durable  material  may 
be  used  if  approved  by  the  Engineer. 


Enamelled  bricks  or  tiles  will  be  accepted  as  "run  of   Enamelled 
kiln,"  provided  that  no  brick  or  tile  shall  go  into  the  work  bricks  or  tiles- 
that  is  unsound,  or  has  any  defect  that  impairs  its  strength 
or  durability.     Enamelled  bricks  or  tiles  will  be  carefully   „. 
inspected  and  only  "firsts"  and  "seconds"  used  in  stations,   seconds. 


86     Chap.  II. — Agree' t  for  Const' n:  Specifications. 


Lower  than 
seconds. 


Fine   joints. 


Bricks  how  laid. 


Surfaces  to  be 
scraped. 


Bricks  to  be 
culled. 


Unfinished 
work. 


Special  bricks. 


Centers. 


care  being  taken  to  so  distribute  them  that  only  firsts 
shall  be  laid  in  the  most  exposed  places. 

Enamelled  bricks  or  tiles  grading  below  seconds  shall 
be  used  in  the  lining  of  jack-arches  over  the  railway  at 
the  stations  and  in  the  lining  of  the  sidewalks  of  the  rail- 
way for  a  distance  of  at  least  thirty  (30)  feet  in  both 
directions  from  the  ends  of  the  platform. 

Enamelled  bricks  or  tiles  must  be  laid  by  workmen  es- 
pecially skilled,  with  very  fine  joints  and  perfectly  true 
to  line  and  surface. 

All  brick  masonry  shall  be  laid  in  mortar  of  the  quality, 
above  described,  except  that  in  exposed  locations  coloring 
matter  may  be  added,  if  permitted  by  the  Engineer.  The 
bricks  shall  be  laid  to  line  with  joints  in  the  face  work 
not  exceeding  one-quarter  (^4)  inch  in  the  beds,  and 
three-eighths  (^)  inch  on  ends;  the  bricks  to  be  thor- 
oughly wet  before  laying  and  to  be  completely  imbedded  it. 
mortar  under  the  bottom  and  on  the  sides  and  ends  ,nt 
one  operation,  care  being  taken  to  have  every  joint  full 
of  mortar. 

All  exterior  surfaces  shall  be  smooth  and  regular. 

The  inside  faces  of  all  arches  and  other  exposed  parts 
shall  have  all  the  mortar  scraped  off  within  three  (3)  days 
after  the  centres  have  been  struck,  and  shall  be  pointed 
and  left  in  neat  condition. 

All  bricks  of  whatever  nature  will  be  carefully  culled 
before  laying,  at  the  expense  of  the  Contractor.  No 
"bats"  shall  be  used  except  in  large  masses  of  brickwork, 
where  a  moderate  proportion,  to  be  determined  by  the  En- 
gineer, shall  be  used,  but  nothing  smaller  than  half  bricks. 

All  unfinished  work  must  be  racked  back  or  toothed, 
as  directed  by  the  Engineer,  and  before  new  work  is  joined 
to  it  the  faces  of  the  bricks  in  the  old  must  be  scraped  en- 
tirely clean,  scrubbed  with  a  stiff  brush  and  be  well  moist- 
ened. 

Where  necessary  to  make  a  neat  joint  in  connection 
with  steel  framework,  or  at  corners,  curves,  or  other  sim- 
ilar places,  special  bricks  of  proper  shape  shall  be  fur- 
nished and  used.  All  centres  made  to  fit  the  curves  of 


Chap.  II. — Agree' t  for  Const' n:  Specifications.     87 

the  work  shall  be  made,  put  up  and  removed  in  a  manner 
satisfactory  to  the  Engineer. 


ii.     STONE     MASONRY. 

Cut  stone  masonry  will  be  used  for  footing  stones  of  Where  used, 
columns,  copings,  ventilating  openings,  portals,  and  other 
exposed  surfaces  where  the  line  passes  from  tunnel  to 
viaduct  and  from  viaduct  to  tunnel.  Such  masonry,  ex- 
cept as  otherwise  specified,  shall  be  of  granite,  unless  some 
other  durable  stone  is  accepted  by  the  Board. 


All  stone  masonry  in  connection  with  portals,  and  ap-  How  finished, 
preaches  thereto,  shall  be  left  with  a  rock  face,  rough 
pointed,  or  fine  hammered,  in  accordance  with  the  design 
and  the  various  positions  in  which  the  stones  are  placed. 
The  stones  used  in  such  work,  or  other  exposed  positions, 
must  be  of  uniform  color,  free  from  all  seams,  discolora- 
tions,  and  other  defects. 


Footing  stones  for  columns  shall  be  of  the  dimensions    Footing  stones, 
and  shapes  shown  on  the  plans,  shall  be  strong  and  free 
from  defects,  and  shall  be  set  in  Portland  cement  mortar. 
Before  being  set  the  tops  shall  be  rough-pointed  without 
chisel  draft.     The  vertical  sides  shall  be  left  quarry  faced, 
the  portion  of  the  top  where  the  column  base  plate  is  to  sit 
dressed  with  pean  hammers,  and  the  bed  brought  to  a 
plane  such  that  at  no  point  will  it  be  more  than  three- 
quarters  (24)  of  an  inch  from  a  straight  edge  laid  across    TO  be  set  high. 
in  any  direction.     In  case  the  contractor  fails  to  set  the 
footing  stones  true  to  line  and  surface,  then  they  shall  be 
set  with  their  tops  about  one-eighth  ( l/%  )  of  an  inch  above 
the  grade  called  for  by  the  plans,  and  not  less  than  two 
(2)  days  after  being  set  they  shall  have  their  tops  dressed 
with  pean  hammers,  so  as  to  form  accurate  seats  for  the 
base  plates  of  the  columns.     Holes  shall  be  accurately  Anchor  bolt 
drilled  for  anchor  bolts,  and  filled  with  neat  Portland  ce-  holes, 
ment  mortar  after  the  bolts  are  set  in  place. 


Chap.  II. — Agree' t  for  Const' n:  Specifications. 


Portals. 


Retaining  walls 
in  cuts. 


Retaining  walls 
in  fills. 


Sizes  of  stone. 


Backing  of  walls. 


The  masonry  in  the  face  walls  of  the  portals  shall  be 
of  first-class  rock-faced  ashlar. 

The  retaining  walls  of  open  cuts  adjacent  to  tunnel 
portals  shall  be  faced  with  good  red  face  bricks  for  a 
thickness  of  at  least  twelve  (12)  inches  and  backed  with 
concrete. 

The  retaining  walls  of  the  embankments  in  the  Boule- 
vard at  1 23d  and  I33d  streets  shall  be  faced  with  first 
quality  very  hard  face  bricks  of  color  approved  by  the 
Engineer  and  divided  into  panels  by  cut  stone  pilasters 
all  resting  on  a  granite  sub-base. 

The  retaining  walls  of  the  embankment  in  Westchester 
Avenue  shall  be  faced  with  first  quality  very  hard  bricks 
or  first-class  rock-faced  ashlar  of  the  quality  as  described 
below.  The  retaining  walls  at  Fort  George  shall  be  faced 
with  native  stone  ashlar. 

The  sizes  of  the  stones  and  the  depths  of  the  courses 
shall  be  according  to  the  plans  to  be  furnished  by  the 
Board.  All  bed  joints  shall  be  truly  horizontal  and  all 
end  joints  truly  vertical.  The  stones  shall  be  accurately 
squared,  jointed  and  bedded  over  their  whole  surface  and 
laid  with  one-half  (5/2)  inch  joints,  except  in  the  native 
stone  masonry  where  the  joints  shall  not  exceed  three- 
fourths  (24)  of  an  inch.  The  proportion  of  headers  to 
stretchers  shall  be  as  directed  by  the  Engineer,  but  not 
less  than  one  (i)  header  to  four  (4)  stretchers. 

All  retaining  walls  shall  have  a  backing  composed  of 
concrete  or  good  range  rubble,  made  of  some  sound  stone, 
acceptable  to  the  Engineer,  but  all  thoroughly  bonded 
with  and  tied  to  the  face  of  the  wall.  If  rubble  be  used, 
the  stones  must  be  bedded  in  the  same  way  as  those  in  the 
face,  but  not  jointed,  and  must  be  well  fitted  to  their 
places,  the  interstices  being  filled  with  sound  stones.  If 
concrete  be  used,  the  same  shall  be  composed  of  materials 
and  mixed  in  the  manner  as  specified  in  the  clauses  relat- 
ing to  concrete.  It  shall  be  built  up  in  layers  evenly 
with  the  stone  facing,  particular  care  being  taken  to  have 
the  concrete  well  rammed,  and  the  headers  so  set  that  the 
facing  and  backing  shall  be  firmly  bonded. 


Chap.  II. — Agree't  for  Const' n:  Specifications.     89 

The  walls  shall  be  finished  with  suitable  copings  as  per   Coping  stones, 
plans  to  be  furnished  by  the  Board.     These  copings  are  to 
be  cut  to  exact  dimensions,  with  all  mouldings,  angles  and 
arrises  true,  well  defined  and  sharp. 

The  copings,  except  at  Fort  George,  shall  be  surmount-   Railings, 
ed  by  a  masonry  wall  at  least  six  (6)  feet  in  height.     At 
Fort  George  the  coping  shall  be  surmounted  by  an  iron 
hand-rail. 

Refuge  niches,  archways  and  quoins,  and  other  special   Refuge  niches. 
parts,  shall  be  finished  in  rough  pointed  work  and  with 
stones  of  such  dimensions  as  called  for  by  the  plans  to  be 
furnished  by  the  Board. 

In  rock  faced  work  the  arrises  of  the  stones  enclosing  Rock  face. 
the  rock  face  must  be  pitched  to  true  lines,  the  face  pro- 
jections to  be  bold,  and  not  exceeding  three  (3)  inches 
beyond  the  plane  of  the  arrises.     The  angles  of  all  walls  Chisel   drafts. 
on  structures  having  rock  faces  are  to  be  defined  by  a 
chisel  draft  not  less  than  two  (2)  inches  wide.     In  rough  Roughpointing. 
pointed  work  the  stones  shall  at  all  points  be  full  to  the 
true  plane  of  the  face,  and  at  no  point  shall  project  beyond 
one-quarter  (^)  of  an  inch,  the  arrises  to  be  sharp  and 
well  defined.    Each  stone  to  have  its  arrises  well  defined 
by  a  chisel  draft  one  and  one-half  (1^2)  inches  in  width, 
unless  reduced  by  the  Engineer. 

In  bush-hammered  work  the  faces  of  the  stones  shall   Bush  hammer- 
be  brought  to  a  true  plane  and  fine  dressed  with  a  bush  mg- 
hammer  having  six  (6)  blades  to  the  inch. 

If  directed  by  the  Engineer  all  stone  shall  be  sprinkled   Stones  to  be 
before  being  laid.  sprinkled. 

In  case,  during  the  progress  of  the  work,  any  rubble  or  Rubble  masonry, 
other  masonry  of  different  class  from  that  specified 
above  shall  become  necessary,  or  shall  be  desired  by  the 
Board,  the  same  shall  be  constructed  according  to  the 
specifications  applicable  to  the  best  work  of  such  class, 
and  according  to  the  directions  of  the  Engineer. 

The  pointing  of  the  faces  shall  be  thoroughly  made   Pointing  mortar, 
with  Portland  cement  mortar,  mixed  in  the  proportion 
of  one  portion  of  cement  to  one  portion  of  sand. 


90     Chap.  II. — Agree' t  for  Const'n:  Specifications. 


Joints  to  be 
raked. 


Freezing    weather. 


Natural    cement 
not  to  be  used  in 
freezing   weather. 


Unless  otherwise  permitted,  every  joint  to  be  raked  out 
within  two  days  after  being  laid,  to  a  depth  of  at  least 
two  inches. 

No  pointing  shall  be  done  in  freezing  weather  and  all 
masonry  laid  between  December  ist  and  April  ist  shall 
not  be  pointed  until  permitted  by  the  Engineer.  During 
freezing  weather  such  masonry  only  will  be  built  whose 
construction  cannot  be  postponed,  in  the  judgment  of  the 
Engineer,  except  at  the  cost  of  delaying  the  work.  The 
Contractor  must  provide  salt,  or  appliances  for  heating 
the  water  and  steaming  the  building  materials  according 
to  the  specific  directions  of  the  Engineer. 

Natural  cement  will  not  be  permitted  to  be  used  in 
freezing  weather.  During  such  weather  Portland  cement 
must  be  substituted  in  its  place. 


Protection    during        During  hot  weather  all  masonry,  especially  concrete, 
hot  weather.  shall  be  kept  wet  by  sprinkling  and  be  covered  until  the 

same  has  become  hard  enough  to  prevent  drying  and 

cracking. 


Defective 
masonry. 


Masonry, 
definition   of. 


Any  masonry  which  is  found  to  be  defective  from  any 
cause  at  any  time  before  the  acceptance  of  the  work  must 
be  removed  and  properly  rebuilt. 

The  word  "masonry,"  where  it  occurs  in  these  specifica- 
tions, covers,  unless  otherwise  specified,  masonry  of  all 
kinds,  whether  of  concrete,  brick  or  stone. 


Percolation 
water  to  be 
prevented. 


of 


Preparation   of 
Eoundations. 


12.     WATERPROOFING. 

It  is  the  very  essence  of  these  specifications  to  secure  a 
railway  structure  where  underground,  which  shall  be  en- 
tirely free  from  the  percolation  of  ground  or  outside  water, 
to  which  end  construction  shall  be  carried  out  as  follows : 

After  the  soil  has  been  excavated  to  the  required  depth 
and  dressed  off  to  a  true  grade  as  directed  by  the  Engi- 
neer, there  shall  be  laid  a  bed  of  concrete  of  the  propor- 
tions as  herein  described,  of  such  thickness  as  the  local 
conditions  demand,  in  the  judgment  of  the  Engineer.  On 


Chap.  II. — Agree 't  for  Const' n:  Specifications.     91 

such  bed,  which  shall  be  made  as  level  and  smooth  as 
possible  on  the  top  surface,  there  shall  be  spread  a  layer  Layer  of  hot 
of  hot  asphalt,  and  on  such  asphalt  there  shall  be  immedi-  asphalt. 
ately  laid  sheets  or  rolls  of  felt,  all  of  the  quality  herein- 
after  described;  another  layer  of  hot  asphalt  shall  be 
spread  over  the  felt ;  another  layer  of  felt  laid,  and  so  on  Layer  of  felt, 
until  not  less  than  two  (2)  such  layers  of  felt  nor  more 
than  six  (6)  be  laid  with  asphalt  between  each  layer,  and 
below  and  on  top.     On  top  of  the  upper  surface  of  asphalt 
the  remainder  of  the  concrete  as  called  for  by  the  contract 
drawings  shall  be  put  in  place.     In  dry  open  soil  the  felt 
in  the  floor  concrete  may  be  omitted,  the  base  course  of 
concrete  being-  covered  with  one  good  layer  of  asphalt.  Omission  in  dry 
In  rock  excavation,  where  the  same  is  dry  and  above   foundations, 
water  level,  both  the  felt  and  the  asphalt  in  the  floor  may 
be  omitted. 


When  the  I-beam  columns  of  the  side  walls  are  set  and  Side  wall 
secured  permanently  in  place,  the  concrete  composing  the  construction, 
sidewalks  shall  be  rammed  in  place  in  such  manner  that 
the  back  or  outer  face  is  flush  with  the  outer  flanges  of 
the  columns.  On  such  outer  face  hot  asphalt  shall  be 
brushed  and  felt  spread  in  alternate  layers,  in  the  manner 
as  described  for  the  foundations,  and  the  backing  of  con- 
crete then  added  as  shown  by  the  plans.  Instead  of  con- 
structing the  side  walls  with  the  waterproofing  as  de- 
scribed above,  the  contractor  may  build  in  dry,  open  soils,  jn  dry  soils, 
if  permitted  by  the  Engineer,  and  if  no  additional  width 
of  excavation  is  required  for  sewers  or  other  purposes,  a 
four  (4)  inch  brick  wall  supported  at  the  back  by  the 
trench  sheathing,  laid  in  cement  mortar  or  hot  asphalt, 
and  at  a  distance  of  at  least  two  (2)  inches  in  the  clear 
from  the  line  of  the  exterior  faces  of  the  side-wall  beams, 
and  to  attach  to  it  the  layers  of  waterproofing  material  as 
described  above,  and  then  to  ram  around  the  beams  and 
against  the  waterproofing  surface  the  concrete  composing 
the  side  walls.  Under  similar  conditions  in  dry  rock  ex- 
cavation, the  rock  may  be  excavated  so  that  no  projecting 
point  comes  within  three  (3)  inches  of  the  line  of  the  ex- 
terior face  of  the  side-wall  beams  and  then  the  rough  sur- 
face shall  be  made  smooth  with  a  plaster  of  concrete,  and 


92     Chap.  II. — Agree 't  for  Const' n:  Specifications. 


Roof  construction. 


Continuous  water- 
proof envelope. 


Asphalt,  quality 
of. 


Chemical   com- 
position. 


Coal  tar  pro- 
hibited. 


Felt,  quality  of. 


on  such  smooth  surface  the  waterproofing  material  shall 
be  spread,  and  then  the  concrete  of  the  side  walls  rammed 
against  the  same  in  the  manner  as  described  above. 

The  roof  of  the  structure  shall  be  treated  in  a  similar 
manner  by  finishing  the  jackarches  to  such  a  height  as  di- 
rected by  the  Engineer,  spreading  the  asphalt  and  felt  in 
alternate  layers  and  then  adding  a  cover  of  concrete,  com- 
pleting the  roof  as  called  for  by  the  Contract  Drawings. 

By  the  arrangement  above  described  there  will  be  a 
continuous  sheet  of  asphalt  and  felt  imbedded  within  the 
concrete  of  the  bottom,  top  and  both  sides,  and  completely 
enveloping  the  structure. 

The  asphalt  used  shall  be  the  best  grade  of  Bermudez, 
Alcatraz  or  lake  asphalt,  of  equal  quality,  and  shall  com- 
ply with  the  following  requirements :  The  asphalt  shall 
be  a  natural  asphalt  or  a  mixture  of  natural  asphalts,  con- 
taining in  its  refined  state  not  less  than  ninety-five  per 
cent.  (9$%)  of  natural  bitumen  soluble  in  rectified  car- 
bon bisulphide  or  in  chloroform.  The  remaining  ingredi- 
ents shall  be  such  as  not  to  exert  an  injurious  effect  on 
the  work.  Not  less  than  two-thirds  (2-3)  of  the  total 
bitumen  shall  be  soluble  in  petroleum  naphtha  of  70° 
Baume  or  in  Acetone.  The  asphalt  shall  not  lose  more 
than  four  (4)  per  cent,  of  its  weight  when  maintained  for 
ten  (TO)  hours  at  a  temperature  of  300  degrees  Fahren- 
heit. 

The  use  of  coal  tar,  so-called  artificial  asphalts,  or  other 
products  susceptible  to  injury  from  the  action  of  water, 
will  not  be  permitted  on  any  portion  of  the  work,  or  in 
any  mixtures  to  be  used. 

The  felt  used  in  waterproofing  such  part  of  the  struct- 
ure as  is  below  ground  water  level  shall  be  composed  of 
asbestos  or  other  equally  non-perishable  material  dipped 
in  asphalt  and  weighing  not  less  than  ten  ( 10)  pounds  to 
the  square  of  one  hundred  (100)  feet.  The  felt  used  in 
other  parts  of  the  structure  shall  be  the  same  as  the  above, 
or  of  the  best  quality  of  coal  tar  felt  weighing  not  less 
than  fifteen  (15)  pounds  to  the  square  of  one  hundred 


Chap.  II. — Agree' t  for  Const'n:  Specifications.     93 

(100)  feet,  except  that  if  the  latter  be  used,  one  layer 
more  will  be  required  than  of  the  former.  All  felt  shall 
be  subject  to  the  approval  of  the  Engineer. 

The  surfaces  to  be  waterproofed  shall  be  smooth  with-  Surfaces  to  be 
out  projecting  stones,  or  made  smooth  where  necessary    stnooth- 
by  a  coating  of  mortar  made  of  one  portion  Natural  ce- 
ment to  one  portion  sand,  and  should  be  dry  before  the 
asphalt  is  applied. 

Means  for  artificially  drying  the  surface  of  concrete    Artificial 
may  be  taken  by  the  Contractor  by  blowing  warm  air  over    drying, 
it,  or  as  otherwise  permitted  by  the  Engineer,  but  not 
until  the  concrete  has  had  at  least  forty-eight  (48)  hours 
to  set. 

Each  layer  of  asphalt  fluxed  as  directed  by  the  Engi-  No  cracks  or 
neer  must  completely  and  entirely  cover  the  surface  on  blow  noles- 
which  it  is  spread  without  cracks  or  blowholes. 

The  felt  must  be  rolled  out  into  the  asphalt  while  the  Felt  to  be  care- 
latter  is  still  hot,  and  pressed  against  it  so  as  to  insure  its 
being  completely  stuck  to  the  asphalt  over  its  entire  sur- 
face, great  care  being  taken  that  all  joints  in  the  felt  are 
well  broken,  and  that  the  ends  of  the  rolls  of  the  bottom 
layer  are  carried  up  on  the  inside  of  the  layers  on  the 
sides,  and  those  of  the  roof  down  on  the  outside  of  the 
layers  on  the  sides  so  as  to  secure  a  full  lap  of  at  least 
three  (3)  feet.  Especial  care  must  be  taken  with  this 
detail. 

None  but  competent  men,  especially  skilled  in  work  of   Skilled  men. 
this  kind,  shall  be  employed  to  lay  asphalt  and  felt. 

When  the  finishing  layer  of  concrete  is  laid  over  or  next  T°P  surface  of 
,,  -  .   .  ,.  v     A  i  asphalt  not  to 

to  the  waterproofing  material,  care  must  be  taken  not  lo  be  broken. 

break,  tear  or  injure  in  any  way  the  outer  surface  of  the 
asphalt. 

The  number  of  layers  of  felt  on  the  sides  and  under   Number  of 
the  floor  shall  in  no  case  be  less  than  two  (2)  in  ground   layers  of  felt 
that  is  quite  dry,  and  where  there  is  a  water  pressure 
against  the  masonry  equal  to  twelve  (12)   feet  not  less 
than  six  (6)   layers.     Where  the  water  pressure  is  less 
than  twelve  (12)  feet,  or  where  the  ground  is  damp,  such 
number  of  layers  between  three  (3)  and  six  (6)  shall  i;? 


94     Chap.  II. — Agree 't  for  Const' n:  Specifications. 


Bricks 

dipped    in    asphalt. 


Asphaltic  con- 
crete. 


Rolled  and 
compressed. 


Waterproofing 
when  omitted. 


Leaky  masonry 
to  be  rebuilt. 


Railway   to   be 
self-draining. 


used  as  the  Engineer  may  direct.  The  number  of  layers 
of  felt  on  the  roof  shall  be  not  less  than  three  (3)  of  as- 
phalted asbestos  or  four  (4)  of  tarred  felt. 

At  any  point  where  the  Contract  Drawings  and  the 
Engineer  permit,  the  Contractor  may  lay,  instead  of  the 
asphalt  and  felt  above  described,  one  or  more  courses  of 
bricks  dipped  in  hot  asphalt  of  the  above  described  quality^, 
and  laid  while  the  coating  of  asphalt  is  still  hot. 

In  foundations  the  Contractor  may  lay,  if  it  prefer,  in- 
stead of  the  ordinary  concrete  with  the  layer  of  water- 
proofing material,  as  above  described,  a  bed  of  asphaltic 
concrete,  composed  of  broken  stone  of  the  qualities  pre- 
viously described  for  concrete,  heated  in  a  suitable  heater 
to  such  proper  temperature  as  the  Engineer  may  direct, 
and  when  so  heated  have  added  thereto  the  melted  asphalt 
of  the  quality  as  described  above,  and  in  such  proportion 
as  to  insure  a  covering  of  each  particle  of  stone  with  as- 
phalt, and  the  whole  mass  shall  then  be  thoroughly  mixed 
and  incorporated  in  a  suitable  mixer.  Such  asphaltic  con- 
crete shall  be  spread  in  place  and  thoroughly  rolled  and 
compressed  so  that  it  will  present  a  smooth,  even  surface, 
that  will  be  impervious  to  water.  No  asphalt  shall  be 
heated  to  exceed  a  temperature  of  325  degrees  Fahrenheit. 

In  masonry  lined  structures  where  there  is  no  steel 
work  and  the  ground  is  dry  the  regular  waterproofing  may 
be  omitted,  but  in  that  case  in  arched  cut  and  cover  work 
the  extra dos  of.  the  arch  shall  be  coated  with  hot  asphalt 
of  the  quality  described  or  the  best  grade  of  refined  Trini- 
dad. 

Any  masonry  that  is  found  to  leak  at  any  time  prior 
to  the  completion  of  this  work  shall  be  cut  out  and  the  leak 
stopped,  if  so  ordered  by  the  Engineer. 

13.    DRAINS    AND    PUMPS. 

Every  part  of  the  railway,  the  stations  and  their  appur- 
tenances connected  therewith,  must  be  so  arranged  that 
any  water  finding  access  thereto  will  be  led  away  auto- 
matically to  the  City  sewers. 


Chap.  11. — Agree' I  for  Const' n:  Specifications.     95 

Where  the  underground  portion  of  the  railroad  is  on  an   Where  floor  may 
inclined  gradient,  and  is  constructed  in  dry,  porous  soil,   act  as  conduit 
the  floor  of  the  railway  may  be  depended  on  to  act  as  a 
conduit.     At  the  bottom  of  the  inclined  gradient  connec- 
tions must  be  made  with  a  sewer  or  with  subdrains  lying 
beneath  the  railway  and  draining  into  the  sewers. 

Along  such  parts  of  the  work  where  the  soil  is  not  Sub  drains. 
porous,  or  where  the  floor  of  the  railway  cannot,  in  the 
judgment  of  the  Engineer,  be  used  as  a  conduit,  there 
shall  be  laid  beneath  the  rail  level  and  on  a  continuous 
descending  gradient,  drain  pipes  of  vitrified  salt-glazed 
stoneware,  of  the  quality  described  in  these  specifications 
for  sewer  pipe.  Such  drain  pipe  shall  be  of  such  diameter 
not  exceeding  twelve  (12)  inches,  as  the  Engineer  may 
direct,  and  there  shall  be  one  such  drain  for  each  two 
tracks.  Each  drain  shall  be  laid  in  the  concrete  or  direct- 
ly in  the  soil  with  tight  or  open  joints,  in  such  manner  and 
in  such  position  as  in  the  opinion  of  the  Engineer  local 
circumstances  require. 

Where  the   railroad  is  costructed  in  rock  excavation   Rock   excavation, 
or  in  tunnel,  drains  formed  of  broken  stone  or  tile  and  of    drams  m- 
sufficient  capacity,  shall  be  set  at  every  seam  or  fissure 
bearing  water,  and  elsewhere  as  directed  by  the  Engineer. 
1'hese  drains  shall  be  built  outside  of  the  sidewalls  of  the 
railway,  shall  be  connected  with  the  main  drains,  and  all 
so  arranged  as  to  lead  away  into  the  sewers  any  water 
that  may  find  its  way  through  the  rock. 

Where  drain  pipes  connect  with  the  city  sewers,  the   Traps, 
junction  shall  be  protected  by  traps  to  prevent  back  rush 
of  water  or  gas  from  the  sewers.     Connections  with  the 
railway  shall  be  as  necessity  demands  and  all  as  directed 
by  the  Engineer. 

Whenever  the  grade  of  the  railway  passes  below  the  Sump, 
bottom  of  adjacent  sewers  there  shall  be  constructed  a 
sump  connected  with  the  subdrains  or  the  floor  of  the 
railway.  Such  sump  must  be  water  tight  with  a  capacity 
of  not  less  than  eight  hundred  (800)  gallons.  At  every 
sump  there  must  be  an  electric  or  other  improved  pump 


96     Chap.  II. — Agree' t  for  Const 'n:  Specifications. 

Automatic  pump,  with  a  capacity  of  four  hundred  (400)  gallons  per  min- 
ute against  a  head  of  fifteen  (15)  feet.  Such  pump  must 
be  arranged  to  work  automatically.  The  delivery  of  such 
pumps  shall  be  into  the  city  sewer?  or  elsewhere,  as  direct- 
ed by  the  Engineer. 


Medium  and   rivet 
steel. 

Open  hearth. 


Phosphorous 
limits. 


14.     STEEL    AND    IRON. 

The  steel  used  in  this  work  shall  be  of  two  grades, 
medium  steel  and  rivet  steel.  All  steel  shall  be  made  by 
the  open-hearth  process,  and  may  be  either  acid  or  basic, 
with  the  following  maximum  limits  of  phosphorus : 

ACID.       BASIC. 

Medium  steel 06%         -04% 

Rivet  steel 06%         .04% 


No   irregularities. 


Melt    number. 


The  finished  work  shall  be  perfect  in  all  parts  and  free 
from  irregularities,  surface  imperfections  of  all  kinds,  and 
piping.  No  deficiency  in  the  cross-section  or  weight  of 
sections,  as  called  for  by  the  plans,  exceeding  two  and 
one-half  (2^2)  per  cent.,  will  be  permitted. 

The  original  melt  number  must  be  painted  or  stamped 
on  all  ingots,  blooms,  billets,  and  slabs,  in  order  to  identify 
the  material  throughout  the  various  processes  of  manu- 
facture, and  the  original  melt  number,  together  with  the 
furnace  heat  number,  in  case  of  eyebar  flats,  must  be 
stamped  on  each  piece  of  finished  material,  except  in  the 
case  of  rivet  steel  and  small  pieces  not  forming  part  of 
the  calculated  sections  and  members,  which  may  be 
shipped  in  bundles  wired  together,  with  the  melt  number 
on  a  metal  tag:  attached. 


Sample  bars.  Two  sample  bars  not  more  than  two  (2)  inches  wide, 

having  a  sectional  area  of  not  less  than  one-half  (^2) 
square  inch,  shall  be  cut  from  the  finished  product  of 
every  mett.  When  taken  from  metal  more  than  two 
inches  thick,  they  may  be  turned  round  bars.  Tests  shall 


Chap.  II. — Agree' t  for  Const' n:  Specifications.     97 

be  made  on  these  sample  bars  in  their  natural  state,  with- 
out annealing.  Measurements  to  determine  elongation 
shall  be  made  on  an  original  length  of  eight  (8)  inches. 
When  a  melt  is  rolled  into  several  classes  of  shapes,  the 
material  of  each  class  shall  be  separately  tested,  in  which 
event  one  sample  bar  for  each  class  will  suffice.  The  test 
pieces  when  tested  in  a  lever  machine  shall  on  an  average 
for  each  melt  fulfill  the  following  requirements : 

Reduc-    Requirements. 
Ultimate         Elastic  Elonga-  tion  of 
strength,          limit,       tion,      area, 

Ibs.  Ibs.  %         % 

Medium  steel        58,000  to  66,000     33,000         20         44 
Rivet  steel,  '50,000  to  58,000     28,000         27         54 

The  entire  fracture  shall  be  silky. 

A  piece  of  each  sample  bar,  whose  thickness  is  at  least 
five-sixteenths  (5-16)  of  an  inch,  after  being  heated  to  n 
cherry  red,  and  cooled  in  water  at  a  temperature  of  sev-  gen(jing  tests 
enty  (70)  degrees  Fahrenheit,  shall  be  bent  cold  one  hun- 
dred and  eighty  (180)  degrees  and  closed  up  against  it- 
self. In  no  case  shall  any  crack  appear  until  the  diameter 
of  the  circle  around  which  the  bar  is  bent  becomes  less 
than  the  thickness  of  the  bar. 

In  the  case  of  rivet  steel,  the  sample  bar  shall  close  up 
against  itself  without  showing  any  crack  or  flaw. 

Punched  holes  pitched  two  (2)  inches  from  a  sheared   Punching  tests, 
or  rolled  edge  in  a  piece  at  least  three-eighths  (^)  inch 
thick,  must  stand  drifting  until  their  diameters  are  fifty 
(50)  per  cent,  greater  than  those  of  the  original  holes, 
without  signs  of  cracking  in  the  plate. 

Duplicate  tests  may  be  made  when  the  test  pieces  pass  Duplicate  tests, 
five  (5)   of  the  above-mentioned  requirements,  and  the 
chemical  analysis.     If  the  second  tests  pass  all  require- 
ments the  melting  will  be  accepted. 

All  castings  shall  be  made  of  tough  gray  iron  which   Cast  iron, 
shall  exhibit  a  uniform  and  closely  grained  fracture  free 
from  any  white,  mottled  or  vitreous  appearance.     It  shall 
be  soft  enough  to  be  readily  cut,  drilled  and  chipped,  and 


98     Chap.  II. — Agree 't  for  Const' n:  Specifications. 


Tests. 


Test  bars. 


Average  of  tests. 


Cast  steel, 
annealed. 


Test  pieces. 


Tests. 


when  struck  on  a  corner  or  edge  with  a  hammer,  the  metal 
shall  indent  and  not  break  off. 

The  metal  must  exhibit  a  tensile  strength  between  eigh- 
teen thousand  (18,000)  and  twenty-four  thousand 
(24,000)  pounds  per  square  inch  when  measured  on  a  test 
specimen,  from  which  the  external  coating  or  skin  has 
.  been  entirely  removed  by  turning,  planing  or  milling. 
When  tested  in  the  rough  state  with  the  "skin"  retained, 
sample  bars  or  castings  having  a  uniform  width 
and  depth  of  one  (i)  inch  and  a  length  of  forty  (40) 
inches  shall,  when  placed  horizontally  upon  two  sharp 
edged  supports  thirty-six  (36)  inches  apart,  sustain  at 
their  middle  point  a  gradually  applied  load  of  seven  hun- 
dred and  fifty  (750)  pounds,  with  a  deflection  at  the  cen- 
tre of  four-tenths  (0.4)  to  six-tenths  (0.6)  of  an  inch. 

The  Contractor  shall  make,  prepare  and  provide  at  least 
two  (2)  of  the  said  cross  breaking  test  bars  and  the  same 
number  of  said  tensile  test  bars  from  each  charge  or  run- 
ning of  the  metal  actually  used  in  the  manufacture  of  any 
castings  for  said  work.  Two  of  the  test  bars  of  each  sec 
shall  be  poured  at  the  beginning  and  two  at  the  end  of 
each  charge  or  running.  The  tension  bars  shall  be  of 
such  size  and  form  as  may  be  required  by  the  Engineer  or 
his  representative.  All  such  specimens  are  to  be  true 
samples  of  the  iron  used  in  the  castings  made  from  said 
charge  or  running.  All  test  specimens  are  to  be  properly 
numbered  for  reference. 

In  judging  the  suitability  of  the  metal,  the  average  of 
these  tests  shall  be  considered  as  representing  the  strength 
of  the  metal  as  required  aforesaid. 

All  steel  castings  shall  be  annealed. 

Every  steel  casting  shall  be  made  with  a  coupon  for 
testing,  which  coupon  shall  be  cut  off  after  annealing,  and 
the  test  shall  be  made  from  a  three-quarter  (£4)  inch 
round  cut  from  the  coupon.  The  test  piece  shall  show  an 
ultimate  strength  of  at  least  seventy  thousand  (70,000) 
pounds,  an  elastic  limit  of  not  less  than  thirty-five  thou- 
sand (35,000)  pounds,  an  elongation  of  at  least  fifteen 


Chap.  II. — Agree't  for  Const3 n:  Specifications.     99 

(15)  per  cent,  in  two  (2)  inches,  and  a  reduction  of  area 
of  twenty  (20)  per  cent,  at  the  point  of  fracture. 

When  the  bearing  surface  of  any  steel  casting  is  fin-  Blowholes, 
ished  there  shall  be  no  blowhole  visible  exceeding  one  ( I ) 
inch  in  any  direction,  nor  exceeding  one-half  (J^)  inch 
in  area.  The  length  of  the  blowholes  gauged  by  any 
straight  line  laid  in  any  direction,  shall  never  exceed  one 
(i)  inch  in  one  (i)  foot. 

All  portions  of  the  metal  work  exposed  to  view,  espe-   Neat  finish, 
daily  at  stations  or  on  viaducts,  shall  be  neatly  finished, 
pains  being  taken  with  any  ornamental  work  to  give  it 
an  attractive  and  artistic  appearance. 

All  rolled  members  shall  be  carefully  straightened  at  the  Shapes  to  be' 
shop  before  assembling.  straightened. 

The  nominal  size  of  the  rivets  shown  on  the  plans  shall  Rivets, 
be  understood  to  be  the  actual  size  of  the  cold  rivets  be- 
fore heating.  Rivets  when  driven  must  completely  fill 
the  holes,  have  full  heads  concentric  with  the  rivet  holes, 
and  be  machine  driven  wherever  practicable,  the  machines 
to  be  capable  of  retaining  the  applied  pressure  after  the 
upsetting  is  completed.  The  rivet  heads  must  be  fully 
and  neatly  finished,  of  approved  hemispherical  shape,  and 
in  full  contact  with  the  surface,  or  be  countersunk  or  flat- 
tened when  so  required,  and  of  a  uniform  size  for  the 
whole  diameter  of  the  rivet  throughout  the  work,  and 
must  bind  the  connecting  pieces  thoroughly  together. 

All  loose  or  otherwise  imperfect  rivets  must  be  cut  out  Imperfect  rivets, 
and  replaced.     No  tightening  of  rivets  by  caulking  or  re- 
cupping  will  be  permitted. 

Rivet  holes  must  be  accurately  spaced.  Accurate   spacing 

of  holes. 

The  use  of  drift  pins  will  be  allowed  only  to  bring  to-  Drift  pins, 
gether  the  several  parts  forming  a  member,  and  they  must 
not  be  driven  with  sufficient  force  to  distort  the  metal 
about  the  holes. . 

If  any  hole  has  to  be  enlarged  to  admit  the  rivet,  it  Holes  how 

enlarged, 
must  be  reamed. 


ioo  Chap.  II. — Agree' 't  for  Const' n:  Specifications. 


Rivet  holes, 
when    punched. 


Rivet  holes 
reamed    1-16 


inch. 


Rivet  holes  in 
metal  over  5/& 
inch  thick. 


Reaming  of 

field  rivets. 


Rivet  holes  in  the  cross  frames,  lateral  connections,  col- 
umns where  the  rivets  are  shop-driven,  and  such  other 
holes  in  the  metal  of  the  viaduct  portion  of  the  work  not 
exceeding  five-eighths  (^)  of  an  inch  in  thickness,  as  the 
Engineer  may  permit,  and  rivet  holes  in  members  com- 
posing the  frame  of  the  underground  structure,  except 
rivet  holes  for  splices  in  the  bottom  flanges  of  roof  beams, 
may  be  made  by  a  punch  whose  diameter  is  one-sixteenth 
(1-16)  of  an  inch  greater  than  that  of  the  rivets  called  for 
by  the  plans. 

All  punched  holes  shall  be  free  from  torn  or  ragged 
edges,  sharp  fins  being  trimmed  off  before  rivetting. 

Rivet  holes  in  the  viaduct  work  other  than  those  speci- 
fied above,  and  in  splices  and  connecting  splice  plates  of 
the  underground  structure,  as  above  mentioned,  shall  be 
made  by  a  punch  whose  diameter  is  not  greater  than  that 
of  the  rivets  called  for  on  the  plans,  and  subsequently  in- 
creased by  reaming  to  a  diameter  one-sixteenth  (1-16) 
inch  greater  than  the  rivets  specified.  Before  this  ream- 
ing takes  place,  all  the  pieces  to  be  rivetted  shall  be  as- 
sembled and  bolted  into  position.  After  reaming,  every 
hole  shall  be  entirely  smooth,  showing  that  the  reaming 
tool  has  everywhere  touched  the  metal.  Should  such 
reaming  fail  to  produce  a  perfect  match  of  cylindrical 
holes,  then  the  rivet  holes  must  be  made  by  a  punch  whose 
diameter  shall  be  one-eighth  (^)  of  an  inch  less  than  the 
specified  rivets,  and  subsequently  increased  by  reaming 
three-sixteenths  (3-16)  of  an  inch.  When  required  by 
the  Engineer  a  reamer  shall  be  run  on  the  outer  edge  of 
holes  so  as  to  remove  the  sharp  edges  and  make  a  fillet 
of  at  least  one-sixteenth  (1-16)  inch  in  width  under  the 
rivet  head. 

Rivet  holes  in  the  flanges  of  important  built  up  girders 
whose  thickness  is  over  five-eighths  (^)  of  an  inch  shall 
be  made  by  a  punch  whose  diameter  is  one-eighth  (^) 
of  an  inch  less  than  the  specified  rivets,  and  shall  be  sub- 
sequently increased  by  reaming  three-sixteenths  (3-16) 
of  an  inch. 

All  holes  for  field  rivets,  where  reaming  is  called  for  by 
the  preceding  paragraphs,  shall  be  reamed  to  iron  templets 


Chap.  II. — Agree' t  for  Const' n:  Specifications.  101 

at  least  one  (i)  inch  thick,  or  shall  be  reamed  while  the 
connecting  pieces  are  temporarily  assembled  either  in  shop 
or  in  the  field.  If  such  work  is  done  in  the  shop,  the  con- 
necting parts  must  be  matchmarked  to  insure  similar  po- 
sitions in  erecting. 

All  built-up  members,  when  finished,  must  be  true  and  Members  to  be 
free  from  twists,  kinks,  buckles  or  bent  joints  between 
component  pieces.     All  abutting  surfaces  of  compression    Bearing   surfaces 
members,  except  flanges  of  plate  girders,  must  be  planed 
or  turned  to  even  bearings,  so  that  they  shall  be  in  perfect 
contact. 

All  I-beam  and  built-up  columns,  after  gusset  plates  Columns  to  be 
are  rivetted  on,  shall  be  faced  top  and  bottom  perpen- 
dicularly to  the  axis  and  to  exact  length.  The  lug  angles 
shall  then  be  set  so  as  to  produce  an  even  bearing  as  de- 
termined by  a  straight  edge.  If  lug  angles  are  not  set 
to  give  an  even  bearing,  then  the  same  shall  be  rivetted 
on  before  facing,  but  such  facing  shall  not  reduce  the 
thickness  of  angles  more  than  one-sixteenth  (1-16)  inch. 
The  base  and  capplates  must  also  be  true  to  surface. 

Web-plates  must  not  project  beyond  the  flange  angles,  Web  Piates- 
nor  be  more  than  one-quarter  (J4)  of  an  inch  from  the 
same.    The  web  stiffeners  of  the  plate  girders  shall  in  all 
cases  form  a  close  bearing  against  the  flange  angle. 

The  ends  of  all  stringers,  and  longitudinal  and  abutting  ^"ders^be"1"* 
girders,  shall  be  faced  true  and  square  or  to  exact  bevel,  faced. 
as  called  for  by  the  plans.     The  header  angles  shall  be 
so  accurately  fitted  that  when  the  ends  of  the  stringers 
or  girders  are  faced  to  the  figured  length,  the  amount 
of  metal  removed  shall  not  reduce  the  thickness  of  the 
ends  of  the  header  angles  by  more  than  one-sixteenth 
(1-16)  inch,  while  securing  a  true  surface  on  the  whole 
width  of  the  connection. 

The  abutting  ends  of  the  beams  in  the  roof  of  the  under-   Beam  ends, 
ground  portion  of  the  work  must  either  be  faced  or  cold 
sawed  so  smooth,  true,  square  and  perfectly  perpendicular 
to  the  longitudinal  axis  of  the  beams  that  joints  will  be 
tight  and  give  full  bearing  of  beam  ends. 

All  plates  thirty-six  (36)  inches  and  less  in  width  shall  Universal  mill 
have  universal  mill  rolled  or  planed  edges. 


102  Chap.  II. — Agree 't  for  Const' n:  Specifications. 


Turned    bolts. 


Anchor   holes. 


U.  S.  standard 
threads. 

Machined   sur- 
faces  coated. 

Steel  to  be  care- 
fully handled. 


Steel  not  to  be 
worked   cold. 


Annealing. 

Damage    in   trans- 
portation to  be 
avoided. 


Injured  pieces  to 
be   rejected. 


When  members  are  connected  by  bolts  which  transmit 
sheering  stresses,  the  holes  must  be  reamed  parallel  and 
the  bolts  have  a  driving  fit. 

All  anchor  bolts  are  to  be  of  soft  steel  with  cold  pressed 
or  rolled  members  and  so  made  that  when  tested  to  de- 
struction, the  threaded  portion  of  the  bolts  will  develope 
greater  strength  than  the  unthreaded  portions  of  the  same. 

All  threads  and  nuts,  unless  otherwise  ordered,  shall  b: 
of  the  United  States  standard. 

All  machined  surfaces  shall  be  coated  with  white  lead 
and  tallow. 

Great  care  must  be  taken  in  handling  steel.  Straighten- 
ing after  punching  must  be  conducted  so  as  to  reduce  the 
risk  of  cracking  to  the  minimum. 

Steel  sections  must  not  be  hammered  cold  or  worked 
at  a  black  heat.  When  any  part  of  the  steel  piece  in 
which  the  full  strength  is  required  has  to  be  heated  for 
working,  the  whole  shall  be  afterwards  annealed. 

All  parts  shall  be  loaded  for  shipment  from  the  shops, 
so  as  to  avoid  injury  in  transportation.  In  shipping  or 
handling  at  any  time,  every  care  shall  be  taken  to  avoid 
bending  or  straining  the  pieces,  or  damaging  the  paint. 

All  pieces  bent  or  otherwise  injured  will  be  rejected. 


Metal  to  be 
cleaned. 


Kind  of  paint. 
After    erection. 


15.     PAINTING. 

The  metal  work  before  leaving  the  shop  shall  be  thor- 
oughly cleaned  and  have  all  loose  rust  and  scale  removed 
to  the  satisfaction  of  the  Engineer,  and  be  given  one  (i) 
coat  of  either  pure  red  lead  and  pure  boiled  linseed  oil, 
mixed  in  the  proportion  of  twenty  (20)  pounds  of  red  lead 
to  a  gallon  of  paint,  or  one  coat  of  such  other  paint  as 
may  be  approved  by  the  Engineer.  After  erection  the 
metal  work  shall  be  cleaned  from  dirt  or  other  objection- 
able matter  that  may  be  found  thereon,  and  then  thorough- 
ly and  evenly  painted  with  two  (2)  additional  coats  of 
paint  of  a  kind  and  color  to  be  approved  by  the  Engineer. 


Chap.  'II. — Agree 't  for  Const' n:  Specifications.   103 

In  the  case  of  members  buried  in  concrete,  the  third  coat 
may  be  omitted,  if  permitted  by  the  Engineer,  and  pro- 
vided that  any  damage  to  the  first  coat  is  thoroughly  re- 
paired before  the  application  of  the  second. 

Surfaces  of  built-up  members  in  contact,  or  inaccessible   Surfaces  in  con- 
after  assembling,  shall  be  cleaned  before  assembling,  and  tact  to  be  Painted- 
shall  be  painted  with  one  (i)  heavy  coat  of  red  lead  or 
such  other  paint  as  the  Engineer  may  permit.     The  parts 
shall  be  at  once  assembled  for  riveting,  but  while  the 
paint  is -still  fresh. 

All  recesses  that  might  contain  water,  or  through  which   Recesses  to  be 
water  could  enter,  must  be  filled  with  thick  paint  or  a 
waterproof  cement  of  ground  skins  before  receiving  final 
painting. 

All  surfaces  so  close  together  as  to  prevent  the  insertion  Use  of  cloth, 
of  a  brush,  must  be  painted  thoroughly  by  using  a  piece 
of  cloth. 

All  three  (3)  coats  of  paint  applied  to  the  metal  work   Coats  of  different 
must  be  of  distinctly  different  colors  or  shades,  and  the 
previous  coat  must  be  thoroughly  dry  before  the  next  one 
is  put  on. 

All  materials  for  painting  shall  be  subject  to  the  closest  Inspection  and 

,«.««.  ,-  analysis, 

inspection  and  chemical  analysis,  and  the  detection  of  any 

inferior  quality  of  material,  or  adulterant,  shall  involve 
the  rejection  of  all  such  material  and  the  scraping  aiul 
repainting  of  such  portions  of  the  work  which  were  paint- 
ed with  it. 

The  mixing  and  application  of  paint  and  the  preparation 
of  the  surface  before  the  application  of  the  paint,  will  be 
subject  to  the  closest  scrutiny. 

No  painting  in  rainy  or  freezing  weather  shall  be  done  NO  painting  in 
without  the  approval  of  the  Engineer.  wiSher  freezing 

The  surface  of  the  concrete  and  brick  walls,  and  roof  Walls  and  roof, 
arches,  shall  be  white  plastered,  or  shall  be  painted  with 
three  (3)  coats  of  light  color,  to  the  satisfaction  of  the 
Engineer.     This  paint  may  be  spread  on  by  machinery. 

The  final  coat  of  paint  at  stations  shall  contain  such  Cork  Paint, 
a  proportion  of  granulated  cork  as  shall  be  directed  by 
the  Engineer. 


104  Chap.  II. — Agree 't  for  Const' n:  Specifications. 


Track    under- 
ground. 


Tracks   on 
viaducts. 


Rail  section. 


Length  of  rails. 


16.    TRACK. 

The  track  shall  be  laid  of  the  best  materials  and  to  the 
standard  and  in  the  manner  best  calculated  to  make  a 
track  on  which  trains  can  be  run  at  the  highest  attainable 
speeds  with  the  minimum  of  jar  and  noise. 

In  the  underground  portions  of  the  railway  the  track 
shall  consist  of  rails  laid  on  a  continuous  bearing  of  wood- 
en blocks,  the  grain  of  which  is  to  be  transverse  to  the 
length  of  the  rail.  The  blocks  are  to  be  held  in  place  by 
guard  rails  secured  to  metal  cross  ties  imbedded  in  con- 
crete. The  method  of  procedure  shall  be  to  set  the  cross 
ties  accurately  to  grade  and  support  them  by  blocking 
until  the  concrete  composing  the  finishing  floor  can  be 
rammed  into  place  and  has  set.  This  concrete  must  be 
brought  to  a  true  surface,  to  exact  grade,  and  flush  with 
the  tops  of  the  cross  ties  as  tested  by  a  level  and  straight 
edge.  On  this  foundation  there  will  be  laid  and  secured 
the  guard  rails,  wooden  blocking  and  track  rails,  as  shown 
by  the  plans  and  according  to  the  directions  of  the  En- 
gineer. 

The  track  on  viaducts  shall  consist  of  rails  laid  on  cross- 
ties  with  wooden  guard  timbers,  in  the  manner  as  de- 
scribed hereafter. 

The  section  of  the  rail  rolled  shall  conform  to  the  sec- 
tion adopted  as  standard  by  the  American  Society  of 
Civil  Engineers,  a  templet  of  which  will  be  furnished  by 
the  Board.  The  weight  of  the  rail  per  linear  yard  shall 
be  not  less  than  eighty  (80)  pounds.  No  variation  in 
height  exceeding  one-sixty-fourth  (1-64)  inch  from  the 
standard  section  will  be  permitted,  and  the  fit  of  the  fish- 
ing or  male  templet  shall  be  maintained  perfect. 

The  standard  length  of  rails  shall  be  not  less  than  thirty 
(30)  feet.  Rails  of  shorter  length  will  be  accepted  to  the 
extent  of  ten  per  cent.  (10%)  of  the  order,  but  no  rail 
less  than  twenty-six  (26)  feet  in  length  will  be  accepted 
as  No.  i  quality. 


Chap.  II. — Agree 't  for  Const 'n:  Specifications.  105 

The  rails  shall  be  No.  I  rails,  except  as  hereinafter  No.  i  quality. 
otherwise  permitted,  and  free  from  all  mechanical  defects 
and  flaws.  They  shall  be  sawed  square  at  the  ends,  and 
the  burrs  made  by  the  saws  carefully  filed  off,  showing 
clean  surfaces  on  the  faces  of  the  web  and  head  of  the 
rail. 

The  rails  shall  be  smooth  on  the  head,  and  straight  in   Rails  to  be  smooth 
all  directions  of  surface  and  line,  without  any  twist,  waves  an 
or  kinks ;  particular  attention  being  given  .to  have  the 
ends  of  the  rails  without  kinks  or  drops. 

Rails  must  not  be  overcambered  to  cool.  Not  over-cam- 

bered. 

Cold  straightening  of  the  rails  by  "gagging"  sufficient 
to  leave  distinct  marks  of  the  "gag"  on  the  head  of  the 
rail,  will  not  be  allowed. 

If  required  by  the  Engineer,  holes  shall  be  drilled  in  the  Joint  holes, 
web  for  plate  joints  or  fastenings  in  such  manner  and  of 
such  size  and  spacing  as  he  shall  direct.     All  holes  must 
be^accurate  in  every  respect  and  finished  without  burrs. 

The  number  of  the  charge  and  the  name  of  the  maker,   Marks, 
and  the  month  and  year  of  manufacture,  shall  be  marked 
in  plain  figures  and  letters  on  the  side  of  the  web  of  the 
rail. 

The  chemical  composition  of  the  rails  will  be  left  to  the   Chemical 
railmaker's  judgment,  except  composition. 

Carbon  must  not  be  less  than  .55%  nor  exceed  .6$%.    . 
Phosphorus  must  not  exceed  .085%  ; 
Sulphur  must  not  exceed  .07%  ; 
Silicon  must  not  be  less  than  .10%. 

While  the  heat  is  being  cast,  two  (2)  test  ingots  shall  Test  ingots, 
be  made;  the  first  from  steel  going  into  the  first  regular 
ingot;  the  other  from  metal  representing  the  last  one. 
These  test  ingots  shall  be  three  (3)  by  three  (3)  inches, 
and  not  less  than  four  (4)  inches  long.  From  these  in- 
gots, bars  at  least  one-half  (l/2}  inch  square  shall  be 
drawn  at  one  heat  by  hammering.  Each  bar  when  cold 
shall  be  bent,  without  breaking,  to  not  less  than  a  right 
angle.  Should  one  (i)  bar  from  a  heat  fail  and  the  other 
stand  the  test,  a  third  bar  may  be  taken  from  a  bloom 


106  Chap.  II. — Agree 't  for  Const'n:  Specifications. 


Breaking   tests. 


Ingots,  treat- 
ment of. 


Bled  ingots. 


No.  2  rails. 


No.  2  rails, 
quality  of. 


rolled  from  the  ingot  represented  by  the  failed  one.  If 
this  stand  the  test  it  shall  be  accepted  in  lieu  of  the  failed 
one.  If  the  makers  choose,  more  than  two  (2)  test  ingots 
shall  be  taken,  but  they  must  be  from  the  steel  of  the  first 
and  last  regular  ingots.  If  this  be  done  and  a  test  bar 
fail,  another  one  may  be  drawn  from  the  duplicate  ingot 
and  tested,  and  if  it  stands  be  accepted. 

A  rail-butt  from  each  conversion  shall  be  placed  either 
head  or  base  upwards  on  solid  steel  or  iron  supports,  the 
distance  apart  of  which,  in  the  clear,  shall  be  four  (4) 
feet ;  and  upon  it  shall  be  dropped  a  weight  of  two  thou- 
sand (2,000)  pounds  falling  freely  from  a  height  of  twen- 
ty ( 20)  feet.  Should  a  test  fail  to  stand  the  drop  without 
breaking,  a  second  one  may  be  made.  If  it  also  fails,  all 
rails  made  from  that  heat  shall  be  rejected ;  but  if  the  sec- 
ond test  stands,  then  a  third  one  shall  be  made,  and  if 
this  be  successful,  the  rails  of  that  conversion  shal  be 
accepted. 

The  treatment  of  the  steel  while  being  cast  into  ingots 
and  the  treatment  of  the  ingots  and  blooms,  shall  be  "ac- 
cording to  the  latest  practice  of  stel  makers.  The  top 
end  of  each  ingot  shall  be  cut  off  sufficiently  to  show  solid 
steel.  After  the  ingots  are  cast  they  shall  be  kept  in  an 
upright  position  either  until  ready  to  be  rolled,  or  until 
the  interior  steel  has  had  time  to  solidify. 

No  "bled"  ingots,  or  ingots  from  chilled  or  badly  teemed 
heats,  shall  be  used.  In  reheating  blooms,  care  shall  be 
taken  not  to  overheat  them. 

No.  2  rails  will  not  be  accepted  without  the  distinct 
permission  of  the  Engineer.  Such  rails  shall  be  laid  only 
in  storage  tracks  in  terminal  yards. 

In  order  that  the  rails  may  be  accepted  as  No.  2  rails, 
they  must  conform  to  the  specifications  for  No.  I  rails,  ex- 
cept that  they  will  be  accepted  in  lengths  not  less  than 
twenty-two  and  a  half  (22^2)  feet,  with  a  flaw  in  the  head 
not  exceeding  one-quarter  (*4)  inch  and  flaws  in  the 
flanges  not  exceeding  one-half  (^)  inch  in  depth,  and 
may  be  made  from  imperfectly  poured  ingots. 


Chap.  II. — Agree 't  for  Const' n:  Specifications.  107 

No.  2  rails  must  be  distinctly  marked,  as  directed  by  the   To  be  distinctly 
Engineer,  before  leaving  the  shops,  so  that  on  no  account  marked- 
may  they  be  mistaken  for  No.  I  rails. 

The  rail-maker  shall  supply,  without  cost  to  the  Engi-   Test  facilities  to 
neer,  the  requisite  facilities  for  inspection  and  test,  and   be  furnished  by 
shall  furnish  a  carbon  analysis  of  each  heat  and  such  other 
analyses  as  the  Engineer  may  require.     Should  the  in- 
spector reject  any  rails  of  a  heat  that  show  imperfect  or 
improper  handling  of  the  metal,  all  rails  of  that  heat  shall 
be  rejected. 

At  any  time  before  shipment,  the  Engineer  or  his  duly   Rejection, 
authorized  inspector  shall  have  the  power  to  reject  any 
material  or  finished  pieces  that,  in  his  judgment,  do  not 
comply  with  the  specifications,  or  which  in  material  or 
workmanship  are  not  first  class  in  every  respect. 

In  loading  rails  or  unloading  them  from  the  cars,  or  Handling  of  rails, 
in  handling  them  at  any  other  time  up  to  and  including 
the  actual  laying,  care  must  be  taken  not  to  bruise  them 
or  drop  them  from  a  height,  or  to  let  them  fall  upon  each 
other. 

The  rails  shall  be  laid  truly  to  exact  line,  and  so  that   Rail  laying, 
the  distance  between  the  inside  faces  on  tangents  shall  be   . 
four  (4)  feet  eight  (8)  and  one-half  (J^)  inches,  and  on 
curves  such  additional  width  as  the  degree  of  curvature   Gauge, 
shall  require.   The  rails  of  the  track  of  curves,  whether  in 
tunnel  or  on  viaduct,  shall  be  bent  previously  to  laying  by 
an  approved  rail  bender,  to  correspond  exactly  with  the  Rail  bender, 
curvature  of  the  line.     No  springing  of  rails  to  curve  will 
be  permitted. 

All  cutting  of  rails  to  close  at  switches,  frogs,  or  else-   Cutting  of  rails, 
where,  shall  be  done  with  a  saw. 

The  rail    surface   must  be  exactly  true  longitudinally,   Rails  level  trans- 
and  both  rails  of  the  same  track  shall  be  set  so  that  their  ver 
tops  are  on  the  same  level,  transversely,  except  on  curves, 
where  the  outer  rail  must  be  set  at  a  higher  elevation  than 
the  inner  rail,  the  amount  of  such  super-elevation  depend-    Superelevation, 
ing  on  the  degree  of  curvature  and  the  location  and  situa- 
tion of  curves  as  governing  the  speed  of  trains  at  such 
point, — and  obtained  by  sloping  the  concrete  floor  or  by 


io8  Chap.  II. — Agree' t  for  Const' n:  Specifications. 


Broken  joints. 


Metal    shims. 


Joint. 

No  unevenness. 

Skilled  workmen. 


Wooden  bearing 
blocks. 


Wooden  cross 
ties. 


Spacing. 


varying  the  thickness  of  the  bearing  blocks,  or  by  both,  as 
directed  by  the  Engineer.  The. amount  of  such  super- 
elevation for  each  case  will  be  furnished  by  the  Engineer, 

Rails  shall  .always  belaid  with  broken  joints;  that  is, 
the  joints  in  one  line  of  rails  are  to  be  opposite  the  centres 
of  the  other  line  of  rails  in  the  same  track;  and  on  via- 
ducts the  joints  in  the  rails  in  each  track  are  to  be  oppo- 
site the  corresponding  quarters  of  rails  in  the  adjoining 
track. 

Where  rails  are  laid  with  fished  joints,  iron  shims  of 
thickness  depending  on  the  temperature  when  laying,  and 
as  ordered  by  the  Engineer,  shall  be  used ;  and  while  lay- 
ing, at  least  the  last  three  (3)  consecutive  shims  must  re- 
main in  position. 

The  joint  used  shall  be  approved  by  the  Engineer. 

No  burr,  projection  or  unevenness  will  be  permitted  on 
the  top  or  on  the  gauge  side  of  the  head. 

All  lining,  gauging,  levelling,  spiking,  bolting  and 
other  work  in  connection  with  the  laying  of  the  track, 
must  be  done  by  specially  skilled  workmen  in  a  manner 
entirely  satisfactory  to  the  Engineer. 

The  wooden  bearing  blocks  on  which  the  rails  in  tunnel 
shall  rest,  shall  be  sound,  white  oak,  or  long-leafed  yellow 
pine.  They  are  to  be  on  tangents  four  (4)  inches  deep 
and  on  curves  such  other  depth  and  taper  as  required  by 
the  superelevation.  They  are  to  be  twelve  (12)  inches 
long,  and  eight  (8),  ten  (10)  or  twelve  (12)  inches  in 
width.  All  dimensions  shall  be  exact  and  the  faces  shall 
be  dressed  on  the  top  and  bottom  in  order  to  get  an  even 
bearing. 

The  cross  ties  on  viaducts  shall  be  of  long-leafed  yellow 
pine,  dressed  on  all  sides  to  the  specified  dimensions.  On 
tangents  they  shall  be  seven  (7)  inches  deep,  eight  (8") 
inches  face,  and  eight  (8)  feet  long,  and  on  curves  such 
additional  depth  as  to  permit  their  being  tapered  to  fit  the 
superelevation. 

Ties  must  be  accurately  spaced  eighteen  (18)  inches 
centre  to  centre  and  laid  at  exact  right  angles  to  the  line 
of  track,  and  so  that  the  projecting  ends  shall  form  a  line 


Chap.  II. — Agree' t  for  Const 'n:  Specifications.  109 

on  both  sides  parallel  to  the  centre  line  of  the  track.  Their 

top   surfaces   must   form  a  true  plane,   as  tested  by  a 

straight  edge  fifteen  (15)  feet  long.     In  order  to  comply 

with  this  requirement  ties  must  be  sized  on  their  under   sizing  for  irregu- 

side  to  fit  or  overcome  any  cover  plate  or  other  irregular-   larities. 

ity,  and  holes  must  be  bored  one  and  three-quarters  ( i  %  ) 

inches  diameter  and  not  exceeding  three-quarters   (£4) 

of  an  inch  deep,  to  permit  ties  to  rest  over  rivet  heads 

where  the  same  exist. 

On  every  tie  and  in  the  proper  place  beneath  the  rail   Tieplates. 
seat,  there  must  be  set  a  tieplate  having  ribs  running  long- 
itudinally  with   the  cross   tie.     Such  tieplates   must  be 
pressed  into  position,  if  required  by  the  Engineer,  before 
the  rails  are  laid. 

Each  tie,  where  resting  on  the  top  flange  of  longitudinal   Held  by  hook 
girders,  shall  be  held  to  the  flange  of  the  same  by  hook 
bolts  with  nut-locks. 

Every  third  tie  shall  be  of  such  additional  length  as  to   Foot  walk, 
permit  a  footwalk  three  (3)  feet  wide  as  measured  from 
the  side  of  the  car,  to  be  laid  by  means  of  longitudinal 
planks,  and  protected  on  the  outside  by  a  hand  rail  of  pat- 
tern to  be  approved  by  the  Board. 

Guard  rails  shall  be  laid  the  whole  length  of  each  track  Guard  rails, 
and  on  both  sides  of  the  rail.  In  the  under  ground  work 
these  guard  rails  shall  be  of  steel  in  the  shape  of  bulb  an- 
gles or  such  other  form  as  may  be  permitted  by  the  En- 
gineer. On  viaducts  they  shall  be  of  long  leafed  yellow 
pine  timber,  six  (6)  inches  wide,  eight  (8)  inches  deep 
outside  of  the  rails,  and  six  (6)  inches  deep  inside  of  the 
rails,  and  about  thirty  (30)  feet  long.  Each  pair  of  out- 
side or  inside  guard  rails  shall  be  secured  to  alternate  ties 
by  three-quarter  (^4)  inch  bolts,  and  the  outside  guard 
rails  shall  be  notched  one  (i)  inch  over  the  ties.  The 
joints  between  connecting  timbers  shall  be  made  by  a  lap 
joint  at  least  eighteen  (18)  inches  long  and  a  close  fit. 
On  the  inside  of  sharp  curves  wooden  guard  rails  may  be  - 
omitted  and  a  guard  rail  consisting  of  track  rail  laid  in 
place.  The  flange  of  such  rail  shall  be  planed  off  to  per- 
mit the  guard  rail  to  be  set  against  the  track  rail.  Guar-! 


Timber, 
quality  of. 


Preserved. 


Frogs  and 
switches. 


Fastenings. 


Timber,  framing 
of. 


no  Chap.  II. — Agree 't  for  Const'n:  Specifications. 

rails  shall  be  set  at  such  a  distance  from  the  track  rails  as 
may  be  directed  by  the  Engineer. 

All  timber  used  in  connection  with  the  track  shall  be 
thoroughly  sound  and  free  from  sap,  shakes,  decay,  or  any 
other  defects  which,  in  the  judgment  of  the  Engineer, 
might  impair  its  strength,  durability  or  serviceability  for 
the  special  uses  intended,  and  after  being  dressed  to  the 
dimensions  required  shall  be  preserved  against  decay  by 
some  process  satisfactory  to  the  Engineer. 

All  frogs,  switches  and  other  appurtenances  of  a  similar 
nature,  must  be  of  such  design  as  to  give  an  unbroken 
or  continuous  bearing  on  the  main  track  rails,  and  all 
such  devices  must  receive  the  approval  of  the  Engineer 
before  being  laid.  All  switches,  as  far  as  practicable, 
shall  be  laid  trailing. 

All  angle  bars,  bolts  and  nuts,  washers,  nutlocks,  hook 
bolts,  spikes,  and  other  material  used  in  connection  with 
the  track,  shall  be  according  to  the  plans  issued  by  the 
Board  or  as  may  be  approved  by  the  Engineer. 

All  framing  of  timber  must  be  neatly  done.  Holes 
must  be  bored  truly,  and  recessed  holes  such  as  for  wash- 
ers or  rivet  heads,  are  to  be  bored  with  augurs  with  stop 
guages.  The  size  of  augurs  used,  as  a  general  thing,  to 
be  only  large  enough  to  permit  the  bolt  to  pass  the  hole 
easily. 


General  clauses  to 
govern. 


17.    SEWERS. 

Sewers  and  appurtenances  are  to  be  built  of  the  ma- 
terials, sizes  and  dimensions,  on  the  lines  and  in  the  man- 
ner shown  by  Contract  Drawings  Numbers  B  i.  to  B  46. 

The  general  clauses  in  these  specifications  relating  to 
excavation,  both  in  open  trench  and  tunnel;  backfilling; 
cement ;  mortar ;  masonry ;  piling ;  timber  work  of  all 
kinds ;  care  of  streets  and  public  places,  maintenance  of 
surface  and  sub-surface  structures ;  protection  of  persons 


Chap.  II. — Agree 't  for  Const' n:  Specifications,   in 

and  neighboring  property;  repaying  or  restoring  of  the 
surface  of  the  street  or  other  public  places ;  responsibility 
of  the  Contractor ;  authority  of  the  Engineer  to  examine 
and  condemn  materials ;  and  the  power  of  the  Board  and 
the  Engineer  in  all  or  any  other  respects  to  enforce  this 
contract,  apply  to  the  construction  and  reconstruction  of 
sewers,  water  mains  or  pavements,  unless  specifically 
amended  or  exempted  below,  both  along  the  route  occu- 
pied by  the  railway  and  elsewhere. 

All  necessary  bull's  eyes  or  spurs   for  connection  of    Spurs. 
branch  sewers,  whether  of  brick  or  pipe,  are  to  be  built  in 
the  proposed  sewer  at  the  points  indicated  on  the  Contract 
Drawings,  and  at  other  points  as  the  Engineer  may  direct. 

All  the  mason  work  throughout,  whether  of  brick  or   All  masonry 
stone,  will  be  laid  in  cement  mortar,  made  and  laid  as  cemen 
described  in  these  specifications,  except  when  otherwise 
ordered  in  writing  by  the  Engineer. 

All  the  trenches,  while  the  foundations  are  being  laid   Excavation  to  be 
and  the  masonary  being  constructed,  must  be  kept  entirely   freeee  ^  ^atef6** 
free  from  water  at  the  Contractor's  expense,  and  the  sides 
of  the  excavations  must  in  all  cases  be  strongly  and  thor- 
oughly sheeted  and  shored. 

If  it  should  be  found  upon  excavating,  that  the  proposed  Existing  sewer  to 
sewers,  culverts  or  receiving  basins  would  follow  the  line 
or  occupy  the  place  of  any  existing  sewer,  culvert,  drain 
or  water  pipe,  the  Contractor  shall,  if  the  Engineer  so  di- 
rects, remove  such  sewer,  culvert,  drain  or  water  pipe  and 
rebuild  and  relay  the  same  in  such  place  and  in  such 
manner  as  the  said  Engineer  shall  direct,  and  if  in  the 
opinion  of  the  Chief  Engineer  of  the  Department  of  Water 
Supply,  it  be  necessary  to  temporarily  remove  and  relay 
any  water  pipe,  the  same  shall  be  done  by  the  Contractor 
or  by  the  said  Chief  Engineer,  and  the  expense  thereof 
shall  be  borne  by  the  Contractor ;  and  all  existing  sewers, 
culverts,  drains  and  house  connections  intercepted  by  the 
proposed  sewers,  culverts  or  receiving  basins,  shall  be  con- 
nected, with  the  new  work  in  such  manner  as  the  Engineer 


ii2  Chap.  II. — Agree' t  for  Const 'n:  Sp educations. 

shall  direct;  and  all  sewers,  drains,  basins,  or  culverts  ren- 
dered unnecessary,  or  becoming  disused  by  the  construc- 
tion of  the  work  herein  contemplated,  must  be  filled  in  and 
made  solid,  in  the  manner  directed,  with  good,  wholesome 
earth. 


Allowance  of  time 
for  delays. 


Should  postponement  or  delay  be  occasioned  by  the 
precedence  of  paving  or  other  contracts,  which  may  be 
either  let  or  executed  by  the  Department  of  Highways 
before  or  after  the  execution  of  this  contract,  on  the  line 
of  the  work,  no  claims  for  damages  therefor  shall  be  made 
or  allowed;  nor  shall  any  claim  for  damages  be  made  or 
allowed  in  consequence  of  the  street  or  the  adjoining 
sewers  not  being  in  the  condition  contemplated  by  the 
parties  at  the  time  of  making  the  contract,  except  that 
if  the  Contractor  shall  be  delayed  in  the  performance  of 
his  work  by  reason  of  the  street  or  the  adjoining  sewers 
not  being  in  such  condition,  an  allowance  of  time  shall 
be  given  in  the  completion  of  the  work  equal  to  the  delay 
so  occasioned. 


Connections 
present  sewers. 


Trenches. 


Trenches,  di- 
mension   of. 


The  connections  with  the  present  sewers  are  to  be  made 
in  a  workmanlike  manner.  Wherever  the  proposed  sew- 
ers connect  with  manholes  into  which  pipes  of  unsuitable 
size  for  such  connections  have  been  inserted,  the  same 
shall  be  carefully  taken  out  and  new  connections  made 
without  injuring  the  manholes.  The  ends  of  all  sewers, 
branches  and  spurs  to  be  securely  closed  with  brick  ma- 
sonry of  approved  stoneware  covers. 

The  ground  shall  be  excavated  in  open  trenches  to  the 
necessary  width  and  depth,  or  as  directed  by  the  Engi- 
neer. 

The  trenches  for  sewers  in  streets  other  than  the  route 
of  the  railroad,  shall  be  one  (i)  foot  wider  on  each  side 
than  the  sewers  intended  to  be  laid  in  them,  at  the  point 
of  the  greatest  external  diameter,  and  the  bottom  of  the 
trenches  shall  be  excavated  to  the  exact  form  and  size  of 
the  lower  half  of  the  sewers,  or  as  the  contract  drawings 
call  for,  unless  otherwise  ordered  by  the  Engineer. 


Chap.  II. — Agree't  for  Const 'n:  Specifications.  113 

No  tunnelling  will  be  allowed  except  by  special  consent  No  tunneling. 
of  the  Board  and  according  to  the  method  approved  by  the 
Engineer. 

The  sides  of  the  excavation  shall  be  supported  by  suit-   Shoring, 
able  planking  and  shoring  wherever  necessary ;  and  in  all 
cases  the  same  are  to  be  drawn  as  the  work  progresses, 
unless  otherwise  ordered. 

All  irregularities  in  the  bottom  of  the  trenches  shall  be   Foundations  to  be 
filled  up  to  the  required  level  with  gravel  or  clean  sand,  made  g°od- 
firmly  rammed  in ;  and  where  the  ground  does  not  afford  a 
sufficiently  solid  foundation  the  Contractor  shall  excavate 
the  trench  to  such  increased  depth  as  the  Engineer  may 
decide  to  be  necessary,  and  shall  then  bring  it  up  to  the 
required  level  and  form  with  such  material  and  in  such 
manner  as  the  Engineer  shall  determine. 

The  material  excavated  from  the  trench  in  streets  other  Passageway  to 
than  the  route  of  the  railway,  for  the  first  one  hundred  ^  left  clear- 
(100)  feet  in  length,  shall  be  carted  away  by  the  Con- 
tractor as  soon  as  excavated,  and  the  material  subsequent- 
ly excavated  shall  be  used  to  fill  in  the  trench  where  the 
sewer  has  been  built.  This  is  done  so  as  to  insure  that 
there  shall  be  no  surplus  material  lying  on  the  line  of  the 
street  at  any  time  during  the  construction  of  said  sewer. 
Any  extra  material  required  for  filling  at  the  completion 
of  the  work  shall  be  procured  by  the  Contractor,  and  at 
all  times  the  streets  and  sidewalks  shall  be  kept  open  and 
free  for  the  passage  of  carts,  wagons,  carriages  and  street 
or  steam  railroad  cars,  or  pedestrians,  unless  when  other- 
wise authorized  by  special  permission  of  the  Board. 

No  more  than  two  hundred  (200)  feet  of  trench  off  the  Length  of 

line  of  the  railroad  shall  be  opened  at  any  one  time  in  ad-  trencn  to  be 

opened, 
vance  of  the  complete  building  of  the  sewer,  unless  by 

permission  of  the  Board,  and  for  the  distance  therein 
specified. 

On  the  completion  of  each  section  of  one  hundred  (100)    Surplus  material 
feet  of  sewer  the  regrading  and  repaving  over  the  same  t 
shall  be  done  and  completed,  and  all  surplus  earth,  sand 
and  rubbish  on  that  section  shall  be  immediately  removed. 


ii4  Chap.  11. — Agree 't  for  Const' n:  Specifications. 


Quicksand. 


Drains,  etc., 
interrupted. 


Rock    excavation, 
dimensions  of. 


When  the  sewer 
exceeds  ten  feet 
in  width. 


Should  the  Contractor  fail  to  comply  with  the  foregoing 
clause,  after  twenty-four  (24)  hours'  notice  in  writing  by 
the  Engineer,  the  same  may  be  done  at  his  expense  and 
the  cost  thereof  deducted  from  his  next  payment. 

When  running  sand,  quicksand,  or  bad  or  treacherous 
ground  is  encountered,  the  work  shall  be  carried  on  with 
the  utmost  vigor,  and  shall  be  proceeded  with  day  and 
night,  should  the  Board  so  require. 

The  Contractor  shall  provide  for  the  flow  of  all  sewers, 
drains  and  water-courses  interrupted  during  the  progress 
of  the  work,  and  shall  restore  and  make  good  all  connec- 
tions, and  shall  immediately  cart  away  and  remove  all  of- 
fensive matter,  in  such  manner  and  with  such  precaution.^ 
as  may  be  directed  by  the  Engineer. 

All  excavations  for  culverts  and  receiving  basins  in 
earth  are  subject  to  these  specifications  for  trenches. 

When  rock  is  to  be  excavated,  it  shall  be  fully  taken 
out  twenty  (20)  feet  in  advance  of  the  laying  of  the  sewer, 
and  six  (6)  inches  below  the  grade  of  the  outer  bottom  of 
the  sewer,  and,  except  when  concrete  or  cement  is  used 
under  the  sewer,  the  trench  then  filled  up  to  the  level  of 
that  grade  with  clean,  sharp  sand,  thoroughly  rammed 
and  made  solid.  The  trench  at  the  point  of  the  sewer's 
greatest  external  diameter  shall  be  one  { i )  foot  wider  on 
each  side  than  the  sewer  intended  to  be  laid  in  it,  provided 
that  the  trench  shall  in  no  case  be  of  less  width  than  four 
(4)  feet  six  (6)  inches,  and  from  this  point  to  the  bottom 
of  the  trench  the  sides  shall  be  vertical ;  and  from  the  same 
point  the  sides  of  the  trench  shall  be  sloped  upward  in  the 
proportion  of  three  (3)  inches  horizontal  to  one  (i)  foot 
vertical,  and  so  continued  until  the  trench  has  a  width  of 
twelve  (12)  feet;  thence  to  the  surface  the  sides  are  to 
bee  carried  up  vertically,  and  at  a  width  of  twelve 
(12)  feet.  In  case  the  width  of  the  sewer  exceeds 
ten  ( 10)  feet  the  trench  shall  be  excavated  one  ( i )  foot 
wider  on  each  side  than  the  greatest  width  of  the  sewer, 
and  the  sides  of  the  trench  shall  be  carried  up  vertically  at 
that  width  to  the  surface. 


Chap.  II. — A  greet  for  Const' n:  Specifications.   115 

After  the  sewer  with  its  required  foundations  is  laid  or 
built,  the  trench  shall  be  backfilled,  and  the  filling  care- 
fully packed  and  rammed  under  and  around  the  sewer  by 
trusty  persons  with  proper  tools.       The  refilling  of  the   Refilling, 
trenches  shall  be  done  in  layers  not  exceeding  four  (4) 
inches  thick  in  the  loose,  and  the  earth  used  is  not  to  be 
dumped  in  piles,  but  is  to  be  spread  evenly  at  that  thick-   Thickness  of 
ness,  and  then  compressed  by  iron  tampers.     The  number    ayei 
of  men  using  tamping  irons  shall  be  in  the  proportion  of 
four  (4)  tampers  to  one  (i)  shoveller.     If  directed  by  the 
Engineer  the  filling  shall  be  flushed  with  water  before 
tamping.     No  stone  over  three  inches  in  diameter  will  be 
allowed  in  refilling.     No  retaining  walls  for  the  refilling 
will  be  allowed  in  the  trenches  over  the  sewers,  whethev 
for  temporary  use  or  otherwise. 

The  refilling  in  all  cases  shall  be  of  good,  clean  earth,   Kind  of  earth 
sand  or  gravel,  free  from  stones  above  three  inches  in   l 
diameter,  and  not  containing  in  any  part  or  place  a  pro- 
portion of  stones  below  that  size  exceeding  one  (i)  part 
of  stone  to  three  (3)  parts  of  earth.     For  a  height  of  at 
least  one  and  a  half  (1^2)  feet  above  the  top  of  all  pipe 
sewers  the  material  shall  be  entirely  free  from  stones. 

Where  pipe  sewers  are  used  special  precaution  will  be  Where  pipe 
required.  The  earth  must  be  carefully  laid  in  so  as  not  to  sgwers  are  used, 
disturb  them,  and  tamped  and  solidly  rammed  down  under 
and  around  the  pipes,  with  proper  tools  made  for  this  pur- 
pose. The  trench  shall  then  be  filled  by  layers,  as  above 
described,  and  the  first  layers  to  a  point  at  least  nine  (9) 
inches  above  the  top  of  the  pipe  shall  be  carefully  thrown 
in  with  shovels,  and  not  from  barrows  or  carts.  In  all 
cases  of  rock  excavation  clean,  wholesome  earth  must  be 
provided  and  refilled  in  the  manner  above  described  for  a 
height  of  at  least  fifteen  (15)  inches  above  the  top  of  the 
pipe. 

As  the  trenches  are  filled  in  and  the  work  completed,  the   Removal  of  sur- 
Contractor  shall  cart  away  or  remove  all  surplus  earth,  plus  material, 
stone  and  other  material   from  the  ground,   or  to  such 
places  on  the  line  of  the  work  as  the  Engineer  shall  direct. 


n6  Chap.   II. — Agree 't  for  Const' n:  Specifications. 

and  leave  all  roads  and  places  free,  clear  and  in  good  or- 
der ;  and  in  case  this  is  neglected,  he  will  be  allowed  only 
twenty-four  (24)  hours  to  remove  the  same,  after  a  writ- 
ten notice  of  his  failure  or  neglect. 


Quality  of  bricks.  In  the  construction  of  brick  masonry,  none  but  the  best 
quality  of  whole  North  River  bricks,  burned  hard  entirely 
through,  will  be  used ;  they  shall  be  equal  to  the  sample  to 
be  seen  in  the  office  of  the  Engineer  of  the  Department  of 
Sewers  and  are  to  be  culled  as  they  are  brought  on  the 
ground,  and  all  bats  and  all  bricks  of  improper  quality  are 
to  be  immediatelv  removed  from  the  work. 


Bricks  to  be  wet  The  bricks  .are  to  be  thoroughly  wet  by  immersion  im- 

b6.*?1!6  JaX'?g,an(!   mediately  before  laying.     Every  brick  is  required  to  be 
laid  in  full  beds  of    ....  ..... 

mortar.  aid  m  a  full  joint  mortar,  made  as  described  in  these 

specifications,  on  its  beds,  ends  and  sides,  at  one  operation. 
In  no  case  is  mortar  to  be  slushed  or  grouted  in  afterward. 
The  bricks  are  to  be  neatly  and  truly  laid,  every  second 
course  by  line,  and  the  joints  to  be  carefully  struck  on  the 
inside,  and  the  sewer  is  to  be  coated  on  the  outside  with 
Natural  cement  mortar  one  (i)  inch  in  thickness,  mixed 
in  the  proportion  one  (i)  cement  to  one  ( i)  sand. 


Courses  racked 
back. 


All  brick  work,  as  it  progresses,  must  be  racked  back  in 
courses,  and  in  no  case  will  it  be  allowed  to  be  toothed, 
unless  by  special  permission  in  writing  from  the  Engineer. 


Inverts. 


All  inverts,  or  bottom  curves,  are  to  be  worked  from 
profiles  accurately  made  according  to  the  dimensions  of 
the  sewer,  and  correctly  set  according  to  the  grades  fur- 
nished. The  same  shall  be  allowed  to  set  for  twenty-four 
(24)  hours  before  the  arch  is  turned.  Vitrified  stoneware 
inverts  will  be  used  when  required  by  the  plan  of  the  work, 
and  whenever  so  used  they  must  be  thoroughly  jointed  so 
as  to  be  water-tight  along  the  inner  surface  of  the  sewer, 
in  such  manner  as  the  Engineer  shall  direct ;  and  when 
required  by  the  Engineer  the  internal  space  of  the  invert 


Chap.  II. — Agree' t  for  Const 'n:  Specifications.   117 

blocks  is  to  be  solidly  filled  with  concrete  made  as  de- 
scribed in  these  specifications  and  well  rammed  in  as  each 
invert  block  is  laid. 

The  upper  curves  of  arches  to  be  formed  on  strong   Centres, 
centres  of  correct  form  and  dimensions,  according  to  the 
sizes  and  shapes  required.     The  crown  is  to  be  keyed  up   Crown  of  the 
with  stretchers,  in  full  joints  of  mortar.     The  centres  shall   a 
not  be  removed  or  withdrawn  in  less  than  thirty-six  (36) 
hours,  and  until  the  work  is  thoroughly  set  and  the  filling 
of  earth  is  properly  put  into  place  a  depth  which  is  at 
least  one  ( i )  foot  above  the  crown  of  the  arch.  The  cen- 
tres shall  then  be  drawn  or  struck  with  care,  so  as  not 
to  crack  or  injure  the  work. 

All  fresh  work  must  be  carefully  protected  from  injury   Fresh  work  to  be 
in  any  way.     No  wheeling  or  walking  on  it  will  be  al-  prc 
lowed,  and  any  portion  injured  must  be  relaid  by  the  Con- 
tractor. 

Unless  otherwise  permitted,  vitrified  sewer  pipes   or  Vitrified  sewer 
spurs,  with  heels  moulded  thereon  for  house  connections,  £ePbuilt  in^he t0 
and  equal  in  every  respect  to  those  described  in  these  speci-  wall, 
fications,  and  of  not  less  than  six  (6)  inches  interior  diam- 
eter, and  of  sufficient  length  to  project  at  least  four  (4) 
inches  beyond  their  exterior,  are  to  be  worked  into  the 
walls  of  brick  or  pipe  sewers  at  an  angle  of  about  forty  - 
five  (45)  degrees,  and  in  the  direction  of  the  flow  of  the 
current.     They  are  to  be  built  in  wherever  similar  house  Where  and  how 
connections  exist  in  the  present  sewer  which  is  to  be  re-  built- 
constructed  under  this  contract.     In  the  case  of  the  con- 
struction of  new  sewers  where  no  sewers  existed  previous- 
ly, except  sewers  under  public  parks  or  crossing  intersect- 
ing streets  they  are  to  be  built  in  opposite  each  house,  and 
where  there  are  no  houses,  at  an  average  distance  apart  of 
seven  and  one-half  (7^)  feet  opposite  all  lot  fronts  ;  they 
are  to  be  so  set  that  their  inner  ends  will  be  flush  with  the 
inner  face  of  the  sewer,  which  end  must  be  moulded  or 
trimmed  to  the  same  curve.     They  are  to  be  set  at  such 
height  in  the  walls  as  the  Engineer  may  direct,  and  each 
pipe  or  spur  is  to  be  closed  outside  by  inserting  an  earthen- 
ware cover  made  for  the  purpose. 


Mortar. 


Cement,  its  quality 
and  test. 


118  Chap.  II. — Agree' t  for  Const' n:  Specifications. 

All  pipe  branches  for  lateral  sewers  are  to  be  similarly 
furnished  and  built  in  where  required. 

All  mortar  is  to  be  composed  of  one  ( i )  part  of  fresh- 
ground  natural  hydraulic  cement,  of  the  best  quality,  ami 
two  (2)  parts  of  clean,  sharp  sand,  entirely  free  from 
loam.  It  is  to  be  carefully  and  thoroughly  mixed  dry,  and 
a  sufficient  quantity  of  water  is  to  be  afterwards  added  to 
make  it  of  proper  consistency.  No  mortar  of  improper 
quality  will  be  allowed  to  be  used  in  the  work. 

All  cement  furnished  by  the  Contractor  will  be  subject 
to  inspection  and  test  before  it  is  used.  Natural  cement 
shall,  when  mixed,  be  capable  of  resisting  a  tensile  strain 
of  fifty  (50),  and  Portland  cement  one  hundred  and  sixty 
(160)  pounds  per  square  inch,  after  thirty  (30)  minutes 
exposure  in  air  and  twenty- four  (24)  hours  immersion  in 
water. 

When  necessary,  in  the  opinion  of  the  Engineer,  cement 
alone,  without  any  admixture  of  sand,  will  be  used. 

Where  concrete  is  required  it  shall  be  composed  of  one 
(i)  part  cement,  two  (2)  of  sand,  mixed  into  mortar  as 
specified  above,  excepting  that  in  mixing  mortar  for  con- 
crete less  water  shall  be  used  than  in  mixing  mortar  for 
brickwork,  and  five  (5)  parts  of  clean,  broken  stone,  free 
from  dust  or  dirt,  and  broken  so  as  to  pass  in  every  way 
through  a  one  (i)  inch  ring.  It  shall  be  quickly  and 
thoroughly  mixed  in  a  box  made  for  that  purpose,  and  de- 
posited in  layers  of  not  less  than  four  (4)  nor  more  than 
nine  (9)  inches  in  thickness,  and  must  be  settled  into  its 
place  by  ramming  sufficiently  to  flush  the  mortar  to  the 
surface. 


No  working  on  it.        When  in  place,  all  wheeling,  working  or  walking  on  or 
over  it  must  be  prevented  until  it  is  sufficiently  set. 

Dirty  stone,  etc.  All  gravel  and  broken  stone  that  is  dusty  or  dirty  will 

be  required  to  be  thoroughly  screened  and  washed  before 
it  can  be  used ;  and  such  piles  or  heaps  as  have  any  ad- 
mixture of  dirt,  or  stones  above  the  size  specified,  will  be 
wholly  rejected  when  delivered  upon  the  work. 


Neat  cement. 


Concrete. 


Layers. 


Chap.  II. — Agree' t  for  Const' n:  Specifications.   119 

Where  required,  vitrified  salt  glazed  stoneware,  sewer   Pipe  sewers, 
and  drain  pipes  shall  be  furnished  and  laid  down,  of  the 
sizes  and  in  the  manner  shown  on  the  plan  of  the  work 
herein  specified. 

The  pipes  shall  be  designated  by  their  interior  diameters.   How  designated. 
Each  pipe  shall  be  a  true  cylinder,  and  shall  have  in  every 
part  an  internal  area  equal  to  the  full  area  due  to  its  diam- 
eter. 

The  inner  and  outer  surface  of  each  pipe  shall  be  con-   Concentric, 
centric.     All  straight  pipes  must  be  straight  in  the  direc- 
tion of  the  axis  of  the  cylinder. 

All  pipes  of  a  diameter  of  twelve  (12)  inches  and  under  Thickness, 
shall  in  no  part  be  less  than  one  (i)  inch  in  thickness; 
those  of  fifteen  (15)  inches  and  not  under  twelve  (12) 
shall  in  the  same  way  be  not  less  than  one  and  one-quarter 
(i^4)  inches  thick;  and  those  of  eighteen  (18)  inches  and 
not  under  fifteen  (15)  not"  less  than  one  and  three-eighths 
(i-Hs)  inches  thick. 

All  pipes  of  whatever  kind  shall  be  made  of  the  best   Made  of  best  ma- 
material,  thoroughly  and  perfectly  burned,  without  warps,   tenals  and  glaz€ 
cracks  or  imperfections,  and  shall  be  well  and  smoothly 
salt  glazed  in  the  best  manner  over  their  entire  inner  and 
outer  surfaces ;  and  they  shall  be  of  equal  quality  in  every 
respect  to  the  samples  exhibited  at  the  pipe  yards  of  the 
Department  of  Sewers,  and  subject  to  all  tests  ordered  by 
the  Engineer,  at  any  time  previous  to  their  being  used. 

Each  straight  pipe,  having  no  branch  or  connection,   Length, 
shall  in  no  case  be  less  than  two  (2)   feet  and  six  (6) 
inches  in  length. 

Each  pipe  having  an  opening  moulded  into  it  for  the 
house  connection,  or  a  branch  of  any  size  or  kind,  shall  be 
not  less  than  two  (2)  nor  more  than  three  (3)  feet  in 
length. 

Each  pipe  of  whatsoever  kind  must  be  fitted  with  a   Pipe  to  be  fitted 
sleeve  or  collar  of  the  same  character,  cylindricity,  and 
thickness  and  not  less  than  five  (5)  inches  in  width. 

Each  collar  must  have  an  internal  diameter  of  not  less  Sizes  of  collars, 
than  one-half  ( l/2  )  nor  more  than  one  and  one-half  ( 1 1/2  ) 
inches  greater  than  the  external  diameter  of  the  pipe  to 
which  it  is  to  be  fitted. 


120  Chap.  II. — A  greet  for  Const' n:  Specifications. 


Curved  pipe. 

Covers. 
Bends,  etc. 


Hub  and  spigot 
pipe. 


How  laid. 


Where  concrete 
foundation  is 
required. 


When  required,  curved  pipe  shall  be  furnished  and  laid, 
curved  to  such  a  radius  with  the  axis  of  the  pipe  as  may 
be  shown  on  the  plan  of  the  work.  No  curved  pipe  shall 
exceed  three  (3)  feet  in  length. 

The  spurs  are  to  be  closed  with  approved  vitrified  stone- 
ware covers. 

Bends,  syphons  and  special  pipes  shall,  if  required,  be 
furnished  and  laid  of  the  sizes  and  forms  shown  on  plan 
of  the  work. 

In  case  the  Commissioner  of  Sewers  shall  elect  to  use 
hub  and  spigot  pipes  they  shall  be  furnished  in  all  cases 
similar  and  equal  in  size,  quality  and  kind  to  those  above 
described.  The  hub  shall  have  a  depth  of  at  least  three 
(3)  inches  from  its  face  to  the  shoulder  of  the  pipe  on 
which  it  is  moulded,  and  shall  have  an  interior  diameter 
not  less  than  one  (i)  nor  more  than  two  (2)  inches  great- 
er than  the  exterior  diameter  of  the  pipe  which  is  to  be 
fitted  into  it. 

All  pipes  are  to  be  excavated  for  and  laid  true  in  line 
and  grade  throughout,  according  to  the  lines  and  grades 
furnished  from  time  to  time.  The  ends  of  the  pipes  shall 
abut  against  each  other,  and  in  such  manner  that  there 
shall  be  no  shoulder  or  unevenness  of  any  kind  along  the 
bottom  half  of  the  sewer  on  the  inside. 

Before  putting  in  concrete,  side  pieces  of  plank  are  t) 
be  placed  on  each  side  of  the  pipe,  giving  the  full  width  re- 
quired as  per  section.  It  is  then  to  be  put  in  layers,  the 
first  being  five  (5)  inches  in  thickness  and  to  the  full 
width.  Each  layer  of  concrete,  after  being  thoroughly 
tamped,  shall  be  allowed  to  be  properly  set,  for  not  less 
than  twenty-four  (24)  hours.  After  the  concrete  is  set, 
and  before  the  laying  of  the  pipe  is  commenced,  additional 
planks  shall  be  used  to  bring  it  up  to  the  height  required. 
The  plank  shall  not  be  removed,  but  shall  be  left  in.  Not 
less  than  sixty  (60)  feet  of  concrete  bottom  to  be  laid  at 
one  time,  and  to  be  tamped  to  mortar  surface. 

The  space  between  bands  to  be  filled  with  concrete  made 
with  small  stones  or  screened  gravel,  even  with  inner  sur- 
face of  bands.  The  pipe  is  then  to  be  bedded,  and  the  re- 


Chap.  II. — Agree 't  for  Const' n:  Specifications.   121 

mainder  of  the  concrete,  as  per  section,  put  in  place,  and 
shall  be  exposed  twenty-four  (24)  hours  for  inspection, 
as  required  for  the  bottom  course. 

Each  joint,  as  the  pipes  are  laid,  is  to  be  fitted  with    Each  joint  to  be 
a  collar  or  ring-  which  shall  lap  equally  the  ends  of  such   fi*jj^r  wlth  a 
abutting  pipe;  the  lower  half  of  the   said  collar   shall 
in  all  cases  be  whole  and  unbroken,  and  the  upper  half 
shall  not  be  in  more  than  two   (2)    pieces.     The  space 
between    the    ring  and    the    pipes    is  to  be  as    uniform 
as  possible,  and  to  be  thoroughly  filled  with  the  best 
hydraulic  cement  mortar,   made  in  small  quantities,  of 
equal  parts  of  cement  and  clean,  sharp  sand,  thoroughly 
mixed  dry,  and  water  enough  afterwards  added  to  give  it 
proper  consistency,  and  used  as  soon  as  made.    The  joints 
shall  be  carefully  wiped  and  pointed  inside  and  out,  and   Joints  to  be 
all   mortar   that   may   be   left   inside   to   be   thoroughly    wiped  and  P°inted- 
cleaned  out ;  and  the  pipe  left  clean  and  smooth  through- 
out.   When  required  strips  of  pine  or  spruce  plank  shall    Foundation    strips 
be  furnished,  six  (6)  inches  wide,  one  and  one-half  (1^2)         Plank- 
inches  thick  and  two  (2)  feet  long,  and  laid  transversely 
with  the  trench,  or  on  either  side  of  the  joint,  and  the 
pipe  to  rest  thereon. 

When  the  pipes  are  in  place,  earth  shall  be  filled  .in.    How  filled 
as   provided   in  these   specifications.     Every  third   pipe   around- 
shall  be  filled  around  so  as  to  prevent  the  moving  of  the 
joints. 

All   pipes,   previous   to   their  being   lowered   into   the    Pipes  to  be  first 
trench,  shall  be  fitted  together  dry  on  the  surface  and   fitted  dry- 
matched,  so  that  when  jointed  in  the  trench  they  may 
form  a  true  and  smooth  line  of  tubes,  and  in  no  case  shall 
they  be  lowered  into  the  trench  until  the  same  is  done. 

All  branch  pipes,  connections  and  pipe  of  whatever    Branch  pipe, 
kind,   shall  be  excavated   for,  fitted  and  laid  as  above 
described. 

When  hub  and  spigot  pipe   are  used,   they  shall  be   Hub  and  spigot 
laid,  fitted  and  jointed  evenly  and  smoothly,  in  the  same  plpe- 
manner  as  described  above. 

No  walking  on  or  working  over  the  pipes  after  they    No  walking  or 
are  laid  (except  as  may  be  necessary  in  tamping  the  earth   working  on  pipe. 


122  Chap.  II. — Agree 't  for  Const' n:  Specifications. 


Pipe  to  be 
cleaned  a«.  laid. 


Mouth  of  pipe  to 
be  protected. 


Inspector  to  be 
present. 


Iron  pipes  to  be 
used. 


Manholes   on 
pipe  sewers. 


Quality  of  work. 


and  refilling)  will  be  allowed  until  there  is  at  least  thirty 
(30)  inches  of  earth  over  them. 

The  interior  of  the  pipe  shall  be  carefully  freed  from 
all  dirt,  cement  and  superfluous  material  of  every  de- 
scription as  the  work  proceeds,  for  which  purpose  a  disk 
mould  or  plate  attached  to  a  rod  sufficiently  long  to  pass 
two  joints  from  the  end  of  the  pipe  last  laid,  shall  be 
continuously  worked  through. 

The  mouth  of  the  pipe  shall  be  carefully  protected 
from  all  blasts,  and  the  excavations  shall  in  all  cases 
be  fully  completed  at  least  twenty  (20)  feet  in  ad- 
vance of  the  laying  of  the  pipe.  In  all  cases  the  mouth 
of  the  pipe  shall  be  provided  with  a  board  or  other  stopper, 
carefully  fitted  to  the  pipe,  to  prevent  all  earth  and  other 
substance  from  washing  in. 

When  the  trench  is  properly  prepared,  and  before 
laying  the  sewer,  the  Contractor  must  notify  the  Engineer, 
who  will  thereupon  direct  an  assistant  or  general  in- 
spector to  be  present  on  the  work  when  sewers  are  to  be 
laid;  and  it  is  further  expressly  understood  that  at  no 
other  time  will  such  laying  be  proceeded  with. 

Under  station  platforms,  and  at  such  other  points 
along  the  route  of  the  railway  where  the  presence  of 
pipes  and  other  subsurface  structures  would  prevent  free 
access  to  the  sewer  for  the  purpose  of  repairs,  the  sewer 
shall  be  made  of  iron  pipe  of  the  quality  called  for  in 
these  specifications  for  waterpipe,  and  made  with  lead 
joints  in  a  manner  similar  to  that  specified  for  the  laying 
of  water  pipes. 

Brick  manholes  shall  be  built  at  such  points  on  the 
line  of  the  pipe  sewers,  of  the  form,  thickness  and  in 
the  manner  shown  on  the  Contract  Drawings  of  such 
work.  The  brick  work  shall  be  carried  up  to  within 
twelve  (12)  inches  of  the  arch  of  the  established  grade  of 
the  street  at  that  point,  and  true  to  templets  correctly 
made  and  set  at  top  and  bottom,  whence  not  less  than 
eight  (8)  lines  are  to  be  drawn.  The  work  in  all  re- 
spects shall  be  of  the  quality  described  in  these  specifica- 
tions, with  the  joints  neatly  struck  and  pointed  on  the 
inside. 


Chap.   II. — Agree' t  for  Const' n:  Specifications.   123 


Foundations. 


Bluestone. 


Manhole  head 
and  cover. 


The  foundations  of  these  manholes  will  be  of  cement 
concrete,  commencing  not  less  than  twelve  (12)  inches 
below  the  lines  of  the  inner  bottom  of  the  sewer  at  that 
point.  Sewer  pipes  are  to  be  built  in  and  trimmed,  when 
necessary,  so  as  to  be  flush  with  the  inner  face  of  the 
manhole,  and  an  arch  turned  over  the  same  on  a  drv 
sand  joint. 

Wrought  iron  rods  of  good  quality,  of  the  size,  length    Steps  built  in. 
and  shape  required   for  steps,  are  to  be  built  in  where 
shown  on  the  said  Contract  Drawings. 

Hammer-wrought  bluestone  is  to  be  furnished  and 
laid,  as  shown  on  the  Contract  Drawings. 

A  cast-iron  manhole  head  and  perforated  cover,  free 
from  imperfections,  and  thoroughly  cleaned,  and  in 
dimensions,  quality  of  iron  and  all  other  respects 
similar  to  the  pattern  adopted  by  the  Commissioner  of 
Sewers,  and  now  exhibited  at  his  office,  are  to  be 
fitted  to  each  of  the  above-described  manholes.  Each 
manhole  head  and  each  cover  is  to  have  such  certain 
marks  or  numbers  cast  on  it  as  the  Commissioner  of 
Sewers  shall  designate,  and  also  have  its  weight  marked 
distinctly  upon  it  with  oil  paint. 

For  street  manholes  no  head  shall  be  used  that  shall 
weigh  less  than  four  hundred  and  seventy-five  (475) 
pounds,  nor  more  than  five  hundred  (500)  pounds,  nor 
cover  that  shall  weigh  less  than  one  hundred  and  thirty- 
five  (135)  pounds,  nor  more  than  one  hundred  and 
fifty  (150)  pounds.  For  sidewalk  manholes  the  heads 
shall  weigh  not  less  than  three  hundred  (300)  nor  more 
than  three  hundred  and  ten  (310)  pounds,  and  the  covers 
not  less  than  one  hundred  (100)  nor  more  than  one 
hundred  and  ten  ( 1 10)  pounds.  When  the  pavement  of 
street  is  asphalt,  the  manhole  head  shall  be  fitted  with 
noiseless  covers. 

Brick  manholes  shall  be  worked  in  the  arch  of  the 
brick  sewers,  at  such  points  in  the  line  of  the  sewer  as 
the  Board  may  direct,  of  the  size,  form,  thickness,  and 
in  the  manner  shown  on  the  Contract  Drawings,  and 
brought  up  to  within  twelve  (12)  inches  of  the  arch  of 
the  established  grade  of  the  street  at  that  point.  The 
work  in  all  respects  to  be  of  the  quality  above  de- 


Manholes  on 
brick  sewers. 


124  Chap.  II. — Agree' t  for  Const' n:  Specifications. 


No  incomplete 
manholes. 


Receiving    basins. 


Gutter   stone 
head  stone. 


and 


Cast-iron  cover. 


Grate  bar. 


Trap. 


scribed  for  manholes  or  pipe  sewers.  The  manholes 
are  to  be  fitted  with  wrought-iron  rods  for  steps,  and 
cast-iron  manhole  heads  and  covers,  as  above  describel. 

The  above  described  manholes,  whether  in  brick  or 
pipe  sewers,  are  in  all  cases  to  be  fully  and  com- 
pletely built,  and  fitted  with  their  covers,  as  the  worV; 
progresses,  and  as  each  is  reached ;  and  the  sewers  will 
not  be  allowed  to  be  laid  beyond  or  in  advance  of  any 
uncompleted  manhole. 

Whenever  it  becomes  necessary  to  reconstruct  or  to 
change  the  location  of  receiving  basins,  the  same  are 
to  be  built  in  accordance  with  the  plans  to  be  furnished 
by  the  Board.  Each  portion  of  the  basin  shall  be  built 
of  the  size  and  materials  designated  on  said  drawing  or 
model;  and  all  of  the  brickwork  is  to  be  plastered  thor- 
oughly inside  and  outside  with  cement  mortar,  mixed  in 
the  proportion  of  one  ( I )  part  of  cement  to  one  ( i )  part 
of  clean,  sharp  sand,  and  carefully  made  as  described 
in  these  specifications.  Each  basin  is  to  have  a  gutter 
stone  and  a  head-stone,  sound  and  perfect  throughout, 
free  from  all  seams  and  imperfections,  with  bluestone 
curb  and  gutter  stones  adjoining,  all  cut  in  accordance 
with  the  said  drawings  or  patterns,  and  the  head-stone 
is  to  be  fitted  with  a  cast-iron  cover  of  the  best  quality, 
weighing  not  less  than  eighty  (80)  nor  more 
than  ninety-five  (95)  pounds,  of  the  size  and  shape  shown 
in  such  drawings  or  patterns,  and  also  a  cast-iron  grate 
bar,  made  according  to  drawing,  fastened  solidly  into 
the  said  head-stone,  in  the  manner  shown.  The  said 
gutter  stone  and  head-stone  must  be  finely  hammer- 
dressed  and  similar  to  the  sample  at  the  pipe  yard  of 
the  Department  of  Sewers,  unless  otherwise  ordered  by 
the  Board.  An  iron  hood  or  trap  will  be  furnished  by 
said  Department  of  the  size  and  dimensions  shown  on 
said  drawing  or  model,  and  is  to  be  built  in  the  basin 
in  the  manner  therein  shown.  The  whole  to  be  built 
and  laid  in  cement  mortar,  as  described  in  these  .specifica- 
tions, and  the  joints  carefully  struck  on  the  inside. 


The  stone  forming  the  bottom  of  the  basin  to  be  in 


Chap.  II.  —  Agree  't  for  Const'  n:  Specifications.  125 

all  cases  of  the  thickness  as  shown  on  the  section,  and 
in  not  more  than  two  (2)  pieces. 

All  culverts  for  the  connection  of  receiving  basins  Culverts. 
with  the  sewers,  are  to  be  of  twelve  (12)  inch  vitrified 
stoneware  drain  pipe,  of  the  kind  and  quality  previ- 
ously described,  and  laia  and  the  trench  refilled  in  the 
manner  described,  and  shall  be  connected  with  the 
sewers  at  an  angle  of  forty-five  (45)  degrees,  and  in  a 
thorough  and  workmanlike  manner;  and  when  connected 

with  the  sewers,  the  culvert  pipe  shall  not  project  in-    Not  to  project 

.  ,     ,,          .  ,  ,     ,  ,      ,   .  ,  a     ,        ...    ,,  inside  the  sewers. 

side  the  said  sewers,  but  be  trimmed  flush  with  the  curve 

and  lines  of  the  inner  face  thereof.     In  case  the  line  of 

the   sewers  shall  .intersect  any  culverts   now   built,  ,so    Culverts  to  be 

much  of  said  culverts  as  may,  in  the  opinion  of  the  Engi-   rebuilt. 

neer,  be  necessary,  shall  be  taken  up  and  rebuilt  or  relaid 

with  vitrified  stoneware  drain  pipe  or  brick,  as  the  case 

may  be,  in  the  manner  described  above,  and  connected 

by  a  proper  curve  with  said  sewers. 

The  Commissioner  of  Sewers  shall  have  the  right  to    Permits  for  con- 
connect   any   sewer   or   sewers   with   the   sewers   to   be   nectlons- 
built  under  this   contract,   or  to  grant  permits  to  any 
person  or  persons  to  make  connections  therewith,  at  any 
time  before  it  is  finally  completed  ;  and  said  Contractor 
shall  not  interfere  with  or  place  obstructions  in  the  way 
of  such  persons  as  may  be  employed  in  building  such 
new  sewer  or  sewers,  or  in  making  such  connections. 
No  extra  allowance  will  be  made  to  the  said  Contractor  on 
account  thereof. 

All  the  curb,  gutter,  flagging,  paving  and  macadam   Disposal  of  paving 


stones  necessary  to  be  removed,  together  with  all  rock,        "eSC 

earth  or  sand  taken  from  the  trenches,  shall  be  placed 

in  such  parts  of  the  carriage  way,  or  the  vicinity  thereof, 

as  the  Engineer  in  charge  of  the  work  shall  direct,  or 

shall  be  removed  as  provided  in  these  specifications  ;  and 

in  all  cases  a  passageway  on  the  sidewalks,  of  not  less 

than  three    (3)    feet  in  width,   shall  be  preserved  free 

from  all  obstruction,  and  the  Contractor  will  be  required 

to  preserve  from  needless  obstruction  the  carriage  way 

on  one  side  of  the  line  of  the  proposed  work. 


126  Chap.   11. — Agree 't  for  Const' n:  Specifications. 


Catherine   street 
outfall. 


Staves. 


Creosoted. 


Iron  bands. 


Centres. 


Galvanized  iron. 


Pier  alterations. 


For  the  outfall  of  the  sewer  at  or  near  the  foot  of 
Catherine  Street,  there  shall  be  constructed  two  (2)  new 
round  sewer  boxes  of  the  size  and  shape  shown  on  the 
Contract  Drawings.  These  boxes  shall  be  built  of  staves 
of  spruce  or  yellow  pine  timber,  about  four  and  one  quar- 
ter (41/4)  inches  thick  by  thre$  and  one-quarter  (31/!) 
inches  face,  free  from  wind  shakes,  decay,  loose  or  rotten 
knots,  and  in  pieces  milled  accurately  on  all  sides  to 
templets  conformable  with  the  plans.  After  milling  this 
timber  shall  be  thoroughly  creosoted  with  not  less  than 
ten  (10)  pounds  of  creosote  or  dead  oil  per  cubic  foot 
and  tempered  according  to  a  process  approved  by  the 
Engineer.  The  boxes  shall  be  built  in  sections  about 
twenty  (20)  feet  long,  more  or  less,  according  to  the 
spacing  of  the  pile  bents  of  the  pier.  The  staves  shall 
be  held  in  place  by  galvanized  iron  bands  fastened  with 
screw  bolts  and  placed  about  three  (3)  feet  apart.  The 
butt  joints  shall  be  covered  with  special  cover  bands 
of  galvanized  iron  five  (5)  inches  wide  and  one-quarter 
(>4)  of  an  inch  thick,  with  thickened  lugs  fastened  by 
screw  bolts.  All  sections  of  the  boxes  shall  be  set  up 
on  centres  accurately  shaped  to  the  inside  surface  of 
the  sewer  and  placed  about  six  (6)  feet  apart.  The 
temporary  centering  on  which  the  boxes  are  set  up  will 
be  kept  in  place  until  they  are  secured  in  position  and 
shall  then  be  removed. 

.  The  cover  bands,  intermediate  bands,  mouth-pieces 
and  the  screw  bolts  fastening  them,  are  to  be  of  the 
best  quality  of  galvanized  iron,  and  to  accord  in  shape 
and  dimensions  with  the  drawings.  The  screw  bolts 
and  nuts  must  have  the  surplus  zinc  removed  from  the 
threads  after  galvanizing,  to  allow  the  nuts  to  work 
freely  on  the  bolts. 

* 

All  of  the  work  of  constructing,  adjusting  and  secur- 
ing these  boxes  and  all  alterations  of  pier  No.  34,  East 
River,  necessary  for  their  construction,  shall  be  done  in 
the  manner  and  of  the  materials  and  workmanship  a? 
prescribed  by  the  standard  specifications  of  the  Depart- 
ment of  Docks  and  Ferries  of  the  City  of  Xe\v  York 
relating  to  such  work. 


Chap.  II. — Agree 't  for  Const 'n:  Specifications.  127 

During  the  progress  of  the  work  and  until  the  entire   Sewers  to  be 
completion  thereof,   all  sewers,   drains,   basins,   culverts       pt 
and     connections,     are    to    be    kept    thoroughly     clean 
throughout  and  left  clean,  and  the  drainage  now  pass- 
ing through  the  old  sewers  to  be  taken  up,  shall  be  pro- 
vided for. 

If  during  the  progress  of  the   work   it  is   found,   in   Location   affected 
the   opinion   of  the   Engineer,   reasonably   impossible   to   gtrifctures 
construct    according    to    the    Contract    Drawings    any 
sewers,  manholes,  or  other  appurtenances,  owing  to  the 
presence  of  unknown  subsurface  structures  or  other  con- 
tingencies, the  Contractor  shall  construct  such   sewers, 
manholes  or  appurtenances  in  the  location  and  according 
to  the  directions  of  the  Engineer. 


18.     WATER  MAINS. 

Whenever  it  is  necessary  to  relay  any  water  main,  ali 
new  material  required  for  the  same  shall  be  of  the  qual- 
ity and  laid  in  the  manner  specified  below,  and  subject 
to  the  various  clauses  of  these  specifications  applicable 
thereto. 

The  pipes  shall  be  circular  cylinders,  with  the  inner  Description  of 
and  outer  surfaces  concentric,  and  of  the  full  interior   conclmt  pipes, 
diameter  required. 

The  hub  or  socket  and  the  spigot  end  shall  be 
shaped  in  exact  conformity  with  the  standards  of  the 
Department  of  Water  Supply,  to  be  furnished  by  the 
Board,  and  will  be  tested  by  circular  gauges. 

The  seat  or  shoulder  of  the  socket  and  the  end  of  the 
spigot  must  be  straight  and  even,  so  as  to  make  a  smooth 
joint.  Special  care  will  be  required  in  making  the 
sockets  and  spigots  to  conform  to  the  drawings,  and  all 
pipes  will  be  particularly  tested  at  these  points.  No  pipe 
will  be  received  whose  eccentricity  at  the  spigot  and 
socket  ends,  or  either,  exceeds  one-eighth  (% )  of  an 
inch. 

The  pipes  shall  be  designated  by  dimensions  of  the 
interior  diameter. 

Bands,  buttons,  or  ribs  shall,  if  required,  be  cast  on   Bands,  etc. 


128  Chap.  II. — Agree 't  for  Const' n:  Specifications. 


Dimensions. 
Straight    pipes. 
Thickness. 
Weight. 


Tested  by  cali- 
pers. 


Variation  in 
weight. 


To  be  cast 
vertically. 


Pipes  to  be 
marked. 


pipes,  of  such  forms  and  dimensions  as  the  Engineer  may 
direct. 

The  straight  pipe  shall  be  twelve  (12)  feet  long,  ex- 
clusive of  hub ;  all  others  as  may  be  directed. 

All  the  pipes  shall  be  straight  in  the  direction  of  the 
axis  of  the  cylinder. 

The  thickness  of  the  pipes,  branches  and  special  cast- 
ings shall  correspond  with  the  standards  of  the  Depart- 
ment of  Water  Supply.  The  weight  shall  be  approxi- 
mately as  follows : 


The  48-inch 
The  36-inch 
The  3O-inch 
The  2O-inch 
The  12-inch 
The  6-inch 


pipes,  8,250 

pipes,  4,860 

pipes,  4,000 

pipes,  2,400 

pipes,  1,000 

pipes,  430 


pounds  each, 
pounds  each, 
pounds  each, 
pounds  each, 
pounds  each, 
pounds  each. 


The  thickness  of  the  metal  of  the  pipes  and  special 
castings  will  be  tested  by  calipers  after  the  castings  have 
been  freed  from  sand  and  cleaned. 

No  pipe  will  be  received  when  the  thickness  of  metal 
is  less  by  more  than  one-twelfth  (i-i2th)  of  an  inch  than 
the  thickness  required  by  the  standards. 

No  pipe  or  casting  will  be  received  which  weighs  less 
than  the  weights  above  mentioned  by  more  than  two  and 
a  half  (2^)  per  cent,  of  said  weights. 

All  straight  pipes  shall  be  cast  vertically,  with  the 
hub  end  down. 

All  the  castings  shall  be  made  in  such  moulding-sand 
or  loam  as  will  leave  the  surface  clean  and  smooth. 

All  the  castings  shall  have  the  year  in  which  they 
are  cast,  the  running  number  of  the  castings  of  the 
same  size  and  form,  the  letters  D.  W.  S.,  and  the  ini- 
tials or  name  of  the  Contractor,  and  of  the  foundry 
where  cast,  cast  on  the  outer  side  in  raised  letters  of 
not  less  than  two  (2)  inches  in  length  and  one-eighth 
(i^)  of  an  inch  in  relief,  in  such  manner  as  the  Engineer 
may  designate;  and,  in  case  any  pipe  shall  be  con- 
demned, the  letters  D.  W.  S.  shall  be  erased  by  the  Con- 
tractor. 


Chap.  IL — Agree' t  for  Const' n:  Specifications.  129 

The  metal  of  which  the  castings  are  to  be  cast  Quality  of  metal, 
(which  must  be  remelted  in  a  cupola  or  air-furnace) 
shall  be  pig-iron,  made  without  any  admixture  of  cin- 
der-iron, or  other  inferior  metal,  and  shall  be  of  such 
character  as  to  make  a  pipe  strong,  tough  and  of  an 
even  grain,  entirely  free  from  uncombined  carbon  when 
seen  under  the  microscope,  and  such  as  will  bear,  satis- 
factorily, drilling  and  cutting,  and  shall  have  a  tensile 
strength  of  at  least  sixteen  thousand  ( 16,000)  pounds  to 
the  square  inch. 

The  castings  shall  be  free  from  scoria,  sand  holes,  air 
bubbles,  and  other  defects  and  imperfections. 

The  castings  shall  be  perfectly  cleaned  and  no  lumps   Sockets  and 
shall  be  left  on  the  inner  surface  of  the  barrels  or  sockets,  smooth  *' 
or  on  the  outer  surface  of  the  spigot  end. 

All  castings  being  perfectly  cleaned,  according  to  the  Hammer  inspec- 
specifications  and  the  directions  of  the  Engineer,  shall  tlon- 
be   subjected   to   a   careful    and   thorough   hammer   in- 
spection. 

Every  casting  must  be  thoroughly  dressed  and  made  Cleaned, 
clean  and  free  from  earth,  sand  and  dust,  which  ad- 
heres to  the  iron  in  the  molds.  Iron-wire  brushes  must 
be  used,  as  well  as  softer  brushes,  to  remove  the  loose 
dust.  No  acid  or  other  liquid  shall  be  used  in  cleaning 
the  castings. 

Every  pipe,  branch  and  special  casting  shall  be  care-  To  be  coated, 
fully  coated  inside  and  out  with  coal  pitch  and  oil. 
Every  casting  must  likewise  be  entirely  free  from  rust 
when  the  coating  is  applied.  If  the  casting  cannot  be 
dipped  immediately  after  being  cleaned,  the  surface 
must  be  oiled  with  linseed  oil,  to  preserve  it  until  it  is 
ready  to  be  dipped;  no  casting  to  be  dipped  after  rust 
has  set  in. 

The  coal-tar  pitch  to  be  made  from  coal  tar,  distilled  The  coating, 
until  the  naphtha  is  entirely  removed  and  the  material 
deodorized  with  a  mixture  of  five  (5)  or  six  (6)  per  cent, 
of  linseed  oil.     Pitch,  which  becomes  hard  and  brittle 
when  cold,  will  not  answer  for  this  use. 

Pitch  of  the  proper  quality  having  been  obtained,  it  Heated, 
must  be  carefully  heated  in  a  suitable  vessel  to  a  tem- 
perature of  300  degrees  Fahrenheit,  and  must  be  main- 


130  Chap.  II. — Agree' 't  for  Const' n:  Specifications. 


Renewal  of 
pitch. 


Inspection    before 
dipping. 


Proof  in  hydraulic 
press. 


Weight  to  be 
marked. 


Pipe  to  be  laid 
on  blocking. 


Blocks. 


tained  at  not  less  than  this  temperature  during  the  time 
of  dipping.  The  material  will  thicken  and  deteriorate 
after  a  number  of  pipes  have  been  dipped;  fresh  pitch 
must,  therefore,  be  frequently  added,  and  occasionally  the 
vessel  must  be  entirely  emptied  of  its  old  contents  and 
refilled  with  fresh  pitch. 

Every  casting  must  attain  a  temperature  of  300  de- 
grees Fahrenheit,  before  being  removed  from  the  ves- 
sel of  hot  pitch.  It  may  then  be  slowly  removed  and 
laid  on  skids  to  drip. 

No  casting  shall  be  dipped  until  the  authorized  in- 
spector has  examined  it  as  to  cleaning  and  rust  and  sub- 
jected it  thoroughly  to  the  hammer  proof.  It  may  then 
be  dipped,  after  which  it  will  be  passed  to  the  hydraulic 
press  to  meet  the  required  water  proof.  The  proper  coat- 
ing will  be  tough  and  tenacious  when  cold  on  the  pipes, 
and  not  brittle  or  with  any  tendency  to  scale  off. 

The  castings  must  be  capable  of  sustaining  a  pressure 
in  the  hydraulic  press  of  three  hundred  (300)  pounds 
to  a  square  inch,  and  any  casting  which  shows  any  defect, 
by  leaking,  sweating  or  otherwise,  will  be  rejected.  This 
proof  will  be  made  at  the  foundry,  and  at  the  expense 
of  the  Contractor. 

The  casting  will  be  weighed,  and  the  weight  distinctly 
marked  on  the  casting  in  white  paint.  The  Contractor 
will  provide  at  the  foundry  where  the  pipes  and  castings 
are  to  be  manufactured  proper  sealed  scales  and  weights 
for  weighing  the  castings,  which  will  be  done  at  the 
expense  of  the  Contractor,  under  the  supervision  of  the 
inspector. 

Each  pipe  over  six  (6)  inches  inside  diameter,  unless 
otherwise  ordered,  shall  be  placed  on  two  blocks  and 
four  wedges  of  hemlock  timber,  the  wedges  to  rest  on 
the  blocks  and  the  pipe  on  the  wedges. 

The  blocks  and  wedges  shall  be  of  sound  hemlock 
timber.  Forty-eight  (48),  thirty-six  (36)  and  thirty  (30) 
inch  pipe  shall  be  laid  on  blocks  four  (4)  feet  long, 
twelve  (12)  inches  wide  and  six  (6)  inches  thick,  with 
wedges  eighteen  (18)  inches  long,  six  (6)  inches  wide, 
four  (4)  inches  thick  on  one  end  and  one-half  (%}  inch 
thick  on  the  other.  Twenty  (20)  and  twelve  (12)  inch 


Chap.  II. — Agree 't  for  Const' n:  Specifications.   131 

pipe  shall  be  laid  on  blocks  two  (2)  feet  long,  eight 
(8)  inches  wide  and  four  (4)  inches  thick,  with  wedges, 
twelve  (12)  inches  long,  four  (4)  inches  wide,  three  (3) 
inches  thick  on  one  end  and  one-half  (^2)  inch  thick  on 
the  other. 

The  spigot  end  of  the  pipe  shall  be  inserted  into  the  Joints, 
hub  to  within  from  one-fourth  ( l/± )  to  one-eighth  (  y&  )  of 
an  inch  of  the  full   depth  of  the  hub,  and  the  space 
around  the  pipe  shall  be  equalized  so  as  to  give  as  nearly 
as  possible  an  equal  space  for  the  packing.     The  space 
between  the  pipe  and  hub  shall  be  packed  with  clean, 
sound  hemp  packing  yarn,  free  from  tar,  far  enough  to  Yarn, 
leave  the  proper  space  for  lead.     The  remaining  space 
shall  then  be  filled  by  running  it  full  of  lead  to  a  depth  Lead, 
of  four   (4)   inches,  with  a  bead  outside  of  the  face  of 
the  hub  large  enough  to  allow  for  caulking,  so  that  when 
the  joint  is  properly  caulked  the  lead  will  be  flush  with 
the  hub  of  the  pipe.    After  the  joint  shall  have  been  run 
with  lead,  it  shall  be  caulked  by  means  of  proper  tools, 
so  as  to  make  a  watertight  joint. 

The  lead  to  be  used  shall  be  of  the  best  quality  of   Quality   of   lead, 
pure,   soft  lead,  and  in  every  respect  suitable  for  the 
purpose. 

In  case  it  becomes  necessary  to  cut  any  connection   Flow  of  water  in- 
with  any  other  main,  house  or  hydrant,  or  in  any  way  * 
to  interfere  with  ;the   continuous  and  normal   flow   of 
water,  due  notice  shall  be  sent  at  least  forty-eight  (48) 
hours  in  advance  to  the  Engineer  and  to  the  Commis- 
sioner of  Water  Supply,  and  the  Contractor  shall,  if  so 
ordered,  make  a  temporary  by-pass  or  other  arrangement 
to  preserve  the  flow  of  water  while  breaking  connections. 

All  connections  cut,  interfered  with  or  injured  shall  All  connections  to 
be  restored  under  the  directions  of  the  Engineer  and  with- 
out delay  to  a  suitable  condition  as  good  as  existed  before 
commencing  work. 

Stop  cocks,  boxes,  branches,  curved  pipe,  and  other   Specials, 
specials  according  to  the  standards  of  the  Department 
of  Water  Supply,  shall  be  set  where  necessary. 


132  Chap.  II. — Agree' t  for  Const' n:  Specifications. 


Pavement   to 
be  restored. 


Asphalt  on 
concrete. 


Samples  to  be 
submitted. 


19.     PAVING. 

As  soon  as  the  work  in  any  open  excavation  or  trench 
made  under  this  contract,  shall  have  been  completed,  the 
trench  backfilled  and  the  backfilling  thoroughly  rammed 
in  place  and  compacted,  all  as  provided  herein,  the  Con- 
tractor shall  proceed  to  restore  the  surface  to  a  condition 
similar  to,  and  equally  good  as  that  existing  previous 
to  the  commencement  of  construction.  If  the  pavement 
were  originally  of  asphalt  on  a  concrete  foundation  and 
laid  under  a  guarantee  as  to  repairs  and  maintenance, 
which  guarantee  at  the  time  of  relaying  has  not  expired, 
the  Contractor  will  have  the  option  of  calling  on  the 
original  contractor  for  such  asphalt  pavement  to  relay  the 
same  under  his  contract  with  the  Commissioner  of  High- 
ways and  at  the  price  named  therein,  or  the  option  of 
laying  «uch  asphalt  jpavement  itself  according  to  the 
specifications  herein  contained  and  giving  to  the  Com- 
missioner of  Highways  a  satisfactory  guarantee  as  to 
maintenance  and  repairs  for  a  period  equal  in  length 
to  the  unexpired  portion  of  the  guarantee  of  the  original 
contractor,  and  a  sufficient  bond  indemnifying  the  City 
against  suit  for  damage  by  said  original  contractor. 

If  the  original  contractor  shall  relay  any  asphalt  pave- 
ment as  contemplated  above,  he  will  be  considered  by 
the  Board  as  a  sub-contractor  to  the  Contractor  under 
this  contract,  and  nothing  herein  contained  shall  be  con- 
strued as  entitling  either  the  Contractor  or  such  sub-con- 
tractor to  any  additional  payment  from  the  Board  or  the 
City  for  such  work,  beyond  the  general'  sum  named 
herein. 

If  asphalt  pavement  is  to  be  laid  the  Contractor  shall 
submit  to  the  Board  and  to  the  Commissioner  of  High- 
ways samples  of  the  materials  he  intends  to  use,  to- 
gether with  certificates  and  statements  as  follows : 

1.  Specimens  of  asphalt  and  asphaltum  with  a  certifi- 
cate stating  where  the  specimens  were  mined. 

2.  A  specimen  of  the  asphaltic  cement,  with  a  state- 
ment of  the  elements  of  the  composition  of  the  bitu- 


Chap.  II. — Agree't  for  Const' n:  Specifications.   133 

minous  cements  used  in  the  composition  of  the  paving 
surface. 

3.  Specimens  of  sand  intended  to  be  used. 

4.  Specimens  of  pulverized  carbonate  of  lime,  granite 
or  quartz  intended  to  be  used. 

5.  A  certificate,  if  the  material  proposed  to  be  used 
has  not  heretofore  been  used  in  the  City  of  New  York, 
showing  some  other  locality  where  pavement  of  such 
material    has    been    laid,    its    area,    date    of    acceptance, 
which  must  have  been  at  least  two  (2)  years  previous  to 
the  issuance  of  the  certificate,  and  that  said  pavement 
has  worn   well  and  satisfactory;  all  to  be  signed  and 
acknowledged  by  the  chief  municipal  officer  having  charge 
of  said  work  in  the  city  or  cities  where  such  pavement 
has  been  laid. 

Such  specimens,  certificates  and  statements  must  be, 
in  the  judgment  of  the  Board,  equal  in  all  respects  to 
similar  conditions  exacted  by  the  Department  of  High- 
ways for  other  asphalt  pavement  in  the  City  of  New 
York. 

The  backfilling  on  the  top  of  the  trench  shall  be  of  Subgrade  for 
clean  gravel  or  sand,  or  other  wholesome  earth,  free 
from  all  spongy  or  vegetable  material  and  thoroughly 
rolled  with  a  roller  weighing  not  less  than  ten  ( 10)  tons, 
so  that  the  top  of  the  filling  is  parallel  to  the  crown  of 
the  street  and  nine  (9)  inches  below  it,  except  beneath 
the  stone  block  pavement  adjoining  rails,  manhole  heads 
and  stopcock  boxes,  where  the  depth  below  finished  grade 
shall  be  thirteen  and  a  half  (13^)  inches.  When  the 
roller  cannot  reach  every  portion  of  the  roadbed,  the  bot- 
tom shall  be  rolled  by  a  small  roller  or  tamped,  as  directed 
by  the  Engineer,  and  water  shall  be  sprinkled  on  such 
bottom  when  required.  Upon  the  foundation  thus  pre- 
pared, there  shall  be  laid  a  bed  of  hydraulic  cement  con- 
crete six  (6)  inches  in  thickness,  and  made  as  follows: 

All   cement   must   be  of  jkhe  best   quality,   of  either    Cement, 
fresh-ground    best    American     Portland    or    Rosendale 


134  Chap.  II. — Agree 't  for  Const' n:  Specifications. 


Portland  cement 
concrete. 


Rosendale 
cement  concrete. 


Pebbles. 


Broken   stone. 


Concrete  to  be 
rammed. 


Mixing   concrete. 


hydraulic  cement,  and  shall  be  tested  and  approved  by 
the  Engineer  before  being  used. 

Concrete,  when  Portland  cement  is  used,  shall  be  corn- 
posed  of  one  (i)  part  of  cement,  three  (3)  parts  of  clean, 
sharp  sand  and  seven  (7)  parts  of  broken  stone,  or  one 
(i)  part  of  cement,  three  (3)  parts  of  clean,  sharp  sand, 
four  (4)  parts  of  broken  stone  and  three  (3)  parts  of 
pebbles  by  measure. 

Concrete,  when  Rosendale  cement  is  used,  shall  be 
composed  of  one  (i)  part  cement,  two  (2)  parts  of  clean, 
sharp  sand  and  three  (3)  parts  of  broken  stone,  or  one 
(i)  part  of  cement,  two  (2)  parts  of  clean,  sharp  sand, 
two  (2)  parts  of  broken  stone  and  two  (2)  parts  of 
pebbles,  by  measure.  The  cement  and  sand  shall  be 
mixed  dry;  the  broken  stone  having  been  first  wet  shall 
be  then  added  and  the  mass  turned  over,  with  the  addition 
of  the  necessary  water,  and  worked  until  the  broken  stone 
is  incorporated  completely. 

The  pebbles  shall  be  hard,  clean,  free  from  sand, 
screened  and  washed,  and  of  a  size  that  has  passed  a 
sieve  of  one  and  one-half  (1^2)  inch  mesh  and  rejected 
by  a  three-quarter  (^4)  inch  mesh. 

The  broken  stone  shall  be  solid  trap,  limestone  or 
granite,  free  from  dust  or  dirt,  and  of  a  graded  size 
not  larger  in  any  dimension  than  will  pass  through  a 
two  (2)  inch  ring,  and  shall  be  crushed  and  screened 
before  being  brought  upon  the  work,  and  no  crushing 
shall  be  done  on  the  work. 

The  concrete  shall  be  placed  in  proper  position  and 
there  rammed  with  wooden  rammers  until  thoroughly 
compacted,  which  surface  shall  be  three  (3)  inches  be- 
low the  grade  of  the  top  of  the  finished  pavement  and 
exactly  parallel  thereto. 

The  concrete  foundation  shall  be  capable  of  sus- 
taining such  test  as  the  Engineer  shall  deem  necessary. 

No  carting  or  wheeling  will  be  allowed  on  the  concrete 
until  it  is  sufficiently  set,  and  then  only  on  planks  laid 
down  for  the  purpose. 

The  whole  operation  of  mixing  and  laying  each  batch, 
which  shall  not  contain  more  than  one  (i)  barrel  of 
cement,  must  be  performed  as  expeditiously  as  possible 


Chap.  II. — Agree't  for  Const' n:  Specifications.  135 

by  the  employment  of  a  sufficient  number  of  skilled  men, 
and,  if  necessary,  must  be  protected  from  the  action  of 
the  sun  and  wind  until  set.  No  concrete  will  be  allowed 
to  be  used  which  has  been  mixed  more  than  thirty  (30) 
minutes. 

Upon  the  foundation  must  be  laid  a  fine  bituminous   Bituminous 
concrete  or  binder,  to  be  composed  of  clean  broken  stone  bmder- 
not  exceeding  one  and  one-quarter  (i^4)  inches  in  their 
largest  dimensions,  thoroughly  screened,  and  either  coal- 
tar  residuum,  commonly  known  as  No.  4  paving  compo- 
sition, or  the  same  bitumen  used  in  the  body  of  the  pave- 
ment. 

The  stone  must  be  heated  by  passing  through  revolving  Stone  to  be 
heaters,  and  thoroughly  mixed  by  machinery  with  the  "eated- 
paving  composition  in  the  proportion  of  one  ( I )  gallon  of 
paving  composition  to  one  ( i )  cubic  foot  of  stone. 

This  binder  must  be  hauled  to  the  work  and  spread  Laying  of  binder, 
with  hot  iron  rakes  in  all  holes  or  inequalities  and  de- 
pressions below  the  true  grade  of  the  pavements,  to  such 
thickness  that  after  being  thoroughly  compacted  by  tamp- 
ing and  handrolling  the  surface  shall  have  a  uniform 
grade  and  cross-section,  and  the  thickness  of  the  binder 
at  any  point  shall  be  not  less  than  three-quarters  (£4) 
of  an  inch.  No  binder  shall  be  laid  during  a  rain,  nor 
shall  any  binder  be  laid  that  is  too  cold  to  be  manipulated 
easily ;  over-heated  binder  shall  be  removed  entirely  from 
the  work. 

The  upper  surface  shall  be  exactly  parallel  with  the 
surface  of  the  pavement  to  be  laid. 

Upon  this  foundation  must  be  laid  the  wearing  sur-  Wearing  surface, 
face,  or  paving  proper,  the  basis  of  which,  or  paving 
cement,  must  be  pure  asphaltum,  unmixed  with  any  of 
the  products  of  coal  tar. 

The  wearing  surface  will  be  composed  of : 

1.  Refined  asphaltum. 

2.  Heavy  petroleum  oil. 

3.  Fine  sand,  containing  not  more  than  one   (i)  per 
centum  of  hydro-silicate  of  alumina. 

4.  Fine  powder  of  carbonate  of  lime,  granite  or  quartz. 


136  Chap.  II. — Agree't  for  Const' n:  Specifications. 


5.  The  heavy  petroleum  oil  must  be  freed  from  all  im- 
purities and  brought  to  a  specific  gravity  of  from  18  to 
22  degrees  Baume,  and  a  fire  test  of  250  degrees  Fahren- 
heit, or,  if  the  formula  of  Contractor  requires  it,  the 
powdered  carbonate  of  lime  may  be  omitted,  and  the 
heavy  petroleum  oil  may  be  replaced  by  sufficiently  fluid 
natural  bitumen. 

Asphaltum.  The  asphaltum  used  must  be  equal  in  quality  to  that 

mined  from  the  Pitch  Lake  on  the  Island  of  Trinidad, 
or  from  the  Alcatraz  mine,  Santa  Barbara  County,  Cali- 
fornia, specially  refined  and  brought  to  a  uniform  stand- 
ard of  purity  and  gravity,  of  a  quality  to  be  approved 
by  the  Commissioner  of  Highways. 

Asphaltic  cement.  From  these  two  hydro-carbons  shall  be  manufactured 
an  asphaltic  cement  which  shall  have  a  fire  test  of  250 
degrees  Fahrenheit,  and,  at  a  temperature  of  60  degrees 
Fahrenheit,  shall  have  a  specific  gravity  of  1.19,  said 
cement  to  be  composed  of  one  hundred  (100)  parts  of 
pure  asphalt,  and  from  fifteen  (15)  to  twenty  (20)  pails 
of  heavy  petroleum  oil. 


Pavement  mix- 
ture. 


How  mixed. 


Laying  of  pave- 
ment mixture. 


The  asphaltic  cement  being  made  in  the  manner  above 
described,  the  pavement  mixture  must  be  formed  of  the 
following  materials,  and  in  the  proportions  stated : 

Asphaltic  cement From  12  to  15 

Sand From  83  to  70 

Pulverized  carbonate  of  lime,  granite  or 

quartz   From     5  to  1 5 

The  sand  and  asphaltic  cement  are  to  be  heated  sep- 
arately to  about  300  degrees  Fahrenheit.  The  pulver- 
ized carbonate  of  lime,  granite  or  quartz,  while  cold,  shall 
be  mixed  with  the  hot  sand  in  the  required  proportions, 
and  then  mixed  with  the  asphaltic  cement  at  the  re- 
quired temperature,  and  in  the  proper  proportions,  in  a 
suitable  apparatus,  which  will  effect  a  perfect  mixture. 

The  pavement  mixture  prepared  in  the  manner  thus 
indicated  must  be  brought  to  the  ground  in  carts,  at  a 
temperature  of  about  250  degrees  Fahrenheit,  and  if 
the  temperature  of  the  air  is  less  than  50  degrees,  iron 


Chap.  IL — Agree 't  for  Const'n:  Specifications.  137 

carts,  with  heating  apparatus,  shall  be  used  in  order  to 
maintain  the  proper  temperature  of  the  mixture;  it  shall 
then  be  carefully  spread  by  means  of  hot  iron  rakes, 
in  such  manner  as  to  give  a  uniform  and  regular  grade. 
The  surface  shall  then  be  compressed  by  hand-rollers, 
after  which  a  small  amount  of  hydraulic  cement  shall 
be  swept  over  it,  and  it  shall  then  be  thoroughly  com- 
pressed by  a  steam  roller  weighing  not  less  than  two 
hundred  and  fifty  (250)  pounds  to  the  inch  run,  the  roll- 
ing to  be  continued  for  not  less  than  five  (5)  hours  for 
every  one  thousand  (1,000)  square  yards  of  surface. 
After  having  received  its  ultimate  compression  the  pave- 
ment must  have  a  thickness  of  not  less  than  two  (2) 
inches. 

The  powdered  carbonate  of  lime,  granite  or  quartz   Powdered   stone. 
shall  be  of  such  a  degree  of  fineness  that  five  (5)  to  fifteen 
(15)  per  centum  by  weight  of  the  entire  mixture  for  the 
pavement  shall  be  an  impalpable  powder  of  limestone, 
and  the  whole  of  it  shall  pass  a  No.  26  screen.    The  sand  Sand, 
shall  be  of  such  size  that  none  of  it  shall  pass  a  No.  80 
screen,  and  the  whole  of  it  shall  pass  a  No.  10  screen. 

The  gutters  for  a  width  of  twelve  (12)   inches  next  Gutters, 
the  curb  must  be  coated  with  hot,  pure  asphalt,  and 
smoothed  with  hot  smoothing  irons  in  order  to  saturate 
the  pavement  to  a  depth  to  be  directed  by  the  Engineer 
with  an  excess  of  asphalt. 

If  rock  asphalt  be  used,  the  material  shall  be  an  amor-  Rock  Asphalt. 
phous  limestone  naturally,  thoroughly  and  uniformly  im- 
pregnated with  bitumen :  ( I )  From  the  Sicilian  mines  at 
Ragusa  and  Verwohle,  equal  in  quality  and  composi- 
tion to  that  mined  by  the  United  Limmer  and  Verwohle 
Rock  Asphalte  Company,  Limited.  (2.)  From  the  Swisi 
mines  at  Val  de  Travers,  equal  in  quality  and  composition 
to  that  mined  by  The  Neuchatel  Asphalte  Company,  Lim- 
ited. Or  (3)  from  the  French  mines  at  Seyssel,  MonS, 
and  Sicilian  mines  at  Ragusa,  equal  in  quality  and  com- 
position to  that  mined  by  the  Compagnie  Generate  de§ 
Asphaltes  de  France,  Limited,  and  it  shall  be  prepared 
and  laid  as  follows  t 


138  Chap.  II. — Agree't  for  Const' n:  Specifications. 


Preparation. 


Powder  to  be 
heated. 


Surface  to  be 
rolled. 


Special  permis- 
sion to  lay  rock 
asphalt. 

Space  next  to 
rails,  manholes, 
etc. 


Space  within 
car  tracks. 


The  rock  shall  be  finely  crushed  and  pulverized;  the 
powder  shall  then  be  passed  through  a  fine  sieve.  Noth- 
ing whatever  shall  be  added  to  or  taken  from  the  powder 
obtained  by  grinding  the  bituminous  rock.  The  powder 
shall  contain  nine  (9)  to  twelve  (12)  per  cent,  natural 
bitumen,  eighty-eight  (88)  to  ninety-one  (91)  per  cent, 
pure  carbonate  of  lime,  and  must  be  free  from  quartz, 
sulphates,  iron  pyrites  or  aluminum. 

This  powder  shall  be  heated  in  a  suitable  apparatus 
to  200  to  250  degrees  Fahrenheit,  and  must  be  brought 
to  the  ground  at  such  temperature,  in  carts  made  for 
the  purpose,  and  then  carefully  spread  on  the  binder 
foundation  previously  prepared  to  such  depth  that,  after 
having  received  its  ultimate  compression,  it  will  have  a 
thickness  of  not  less  than  two  (2)  inches. 

The  surface  shall  be  rendered  perfectly  even  by  ram- 
mers and  smoothers,  and  shall  be  rolled  with  a  steam 
roller  weighing  not  less  than  two  hundred  and  fifty  (250) 
pounds  to  the  inch  run,  the  rolling  to  continue  for  not 
less  than  five  (5)  hours  for  each  one  thousand  (1,000) 
square  yards  of  surface  in  the  case  of  Trinidad  asphalt; 
in  the  case  of  rock  asphalt  pavement  the  ultimate  com- 
pression may  be  by  heated  pilons. 

But  rock  asphalt  shall  not  be  used  in  any  case  with- 
out written  permission  from  the  Commissioner  of  High- 
ways. 

On  each  side  of  the  rails  of  the  car  tracks,  around 
all  manholes  and  stop-cock  boxes,  the  Contractor,  when 
required,  shall  lay  a  line  of  granite  or  syenite  paving 
blocks,  as  headers,  long  and  short  stones  alternating  and 
toothing  into  the  pavement,  laid  on  a  foundation  of  six 
(6)  inches  of  concrete,  which  must  extend  to  the  depth 
of  the  crossties  and  beneath  and  around  the  girders  and 
stringers,  on  which  shall  be  laid  a  bed  of  fresh  cement 
mortar,  two  (2)  inches  in  thickness;  and  on  the  mortar 
so  laid  shall  be  laid  the  stone  blocks,  the  top  surface  of 
which  shall  conform  to  the  grade  of  the  pavement.  The 
joints  of  the  blocks  shall  be  filled  with  paving  cement, 
as  hereinafter  described. 

Whenever  the  space  within  car-tracks  has  been  laid 
with  granite  or  syenite  blocks,  the  said  space  shall  be 


Chap.  II. — Agree 't  for  Const' n:  Specifications.  139 

repaved  with  said  blocks  or  said  asphalt  according  to  the 
determination  of  the  Commissioner  of  Highways. 

If  granite  or  syenite  pavement  on  a  concrete  founda-  GRANITE 

tion  is  to  be  relaid,  the  filling  on  top  of  the  trench  is  to  Pavement  on 

concrete, 
be  formed,  and  rolled  or  thoroughly  tamped,  as  prescribed 

for  asphalt  pavement,  except  that  the  surface  is  to  be 
truly  shaped  to  a  grade  sixteen  (16)  inches  below  that 
of  the  street  grade,  except  under  and  eighteen  (18) 
inches  on  each  side  of  the  track  girders,  where  the  finished 
surface  shall  be  six  (6)  inches  below  the  girders. 

Upon  the  foundation  thus  prepared,  there  shall  be  laid  Concrete  thick- 
a  bed  of  concrete  to  a  depth  of  six  (6)  inches.    Where  r 
vaults,   railroad  ties,  sewer  connections,  cable  railroad, 
electric  or  pneumatic  conduits  or  other  subsurface  struct- 
ures are  encountered,  the  depth  of  the  concrete  shall  be 
increased,  diminished  or  omitted,  as  may  be  deemed  neces- 
sary by  the  Engineer. 

The  concrete  shall  be  composed  of  the  same  quality  Concrete  pro- 
and  proportion  of  materials,  and  mixed  and  laid  in  the  portions- 
same  manner,  as  described  for  asphalt  paving. 

In  all  cases  where  horse-car  tracks  exist  and  a  con-  Horse  cars  to  be 
crete  foundation  is  to  be  laid  between  the  rails  of  the  Passed  by  hand. 
same,  the  Contractor  shall  keep  men  to  pass  the  cars 
over  the  same,   so  that  no  horses   shall  travel  on  the 
concrete  until  three    (3)    hours  after  it  has  been  laid, 
and  the  Contractor  shall  then  cover  the  concrete  with 
sand  and  planks  until  the  pavement  is  laid.    Horses  must 
be  kept  off  stone  pavement  until  the  joints  are  filled  with 
tar. 

The  surface  of  the  concrete  is  to  be  kept  wet  until   Preparation 
covered  with  sand,  and  at  least  thirty-six  (36)  hours  shall   of  foundation- 
be  allowed  for  the  concrete  to  set  before  the  pavement 
is  laid.     When  connection  is  to  be  made  with  any  layer 
set  or  partially  set,  the  edge  of  such  layer  must  be  broken 
down,  be  free  from  dust  and  properly  wet,  so  as  to  make 
the  joints  fresh  and  close.     On  this  concrete  foundation 
shall  be  laid  a  bed  of  clean,  sharp  sand,  perfectly  free 
from   moisture    (made  so  by  artificial  heat,   if  deemed 


140  Chap.  II. — Agree 't  for  Const' n:  Specifications. 


Stones  how 
laid. 


When  temperature 
is  below  40  de- 
grees F. 


necessary)  not  less  than  one  and  one-half  (1^/2)  inches 
thick,  to  the  depth  necessary  to  bring  the  pavement  and 
crosswalks  to  the  proper  grade  when  thoroughly  rammed. 

Upon  this  bed  of  sand  the  stone  blocks  and  cross- 
walks must  be  laid.  The  stone  blocks  are  to  be  laid  in 
courses  at  right  angles  with  the  line  of  the  street,  ex- 
cept in  special  cases,  when  they  shall  be  laid  at  such 
angle  with  such  crown  and  at  such  grade  as  the  Engi- 
neer may  direct.  Each  course  of  blocks  shall  be  of 
uniform  width  and  depth,  and  so  laid  that  all  joints 
shall  be  close  joints  and  all  longitudinal  joints  shall  be 
broken  by  a  lap  of  at  least  three  (3)  inches. 

When  the  temperature  at  7  o'clock  A.  M.  is  below  40 
degrees  Fahrenheit,  the  pavement  must  be  rammed  and 
made  ready  for  pouring  the  paving  cement  within  thirty 
(30)  feet  of  the  row  of  blocks  last  laid,  and  all  joints 
shall  be  filled  with  paving  cement  within  fifty  (50)  feet 
of  ,the  face  of  the  paving ;  the  intention  of  this  require- 
ment being  to  have  the  joints  filled  before  the  gravel  gets 
either  wet  or  cold. 


Gravel  for  joints.  As  the  blocks  are  laid  they  shall  be  covered  imme- 
diately with  clean,  hard,  hot,  dry  gravel,  of  proper  size, 
as  directed  by  the  Engineer,  artificially  dried,  which  shall 
be  raked  into  the  joints  until  all  the  joints  become  filled 
therewith.  This  gravel  shall  be  free  from  sand;  it  shall 
be  such  as  has  passed  through  a  horizontal  sieve  of  three- 
quarters  (24)  inch  mesh,  and  retained  by  one  of  a  one- 
half  (^2)  inch  mesh.  The  blocks  shall  then  be  thor- 
oughly rammed,  and  the  ramming  be  repeated  until  the 
blocks  are  brought  to  an  unyielding  bearing  with  uniform 
surface,  true  to  the  roadway  on  the  established  grade,  and 
the  courses  adjusted  to  the  proper  line,  and  no  gravel 
shall  be  added  after  ramming  until  the  joints  are  poured 
with  cement.  Before  the  pouring  of  the  paving  cement 
as  hereinafter  provided  for,  the  joints  and  gravel  filling 
must  be  made  dry  and  free  from  dirt,  fine  gravel,  sand 
or  any  matter  that  would  obstruct  or  hinder  the  complete 
filling  of  all  voids  and  spaces  within  the  joints  to  the 
full  depth  of  the  joint. 


Blocks  to  be 
rammed. 


Chap.  II. — Agree't  for  Const' n:  Specifications.   141 

The  paving  cement  as  hereinafter  described  shall  then  Paving  cement, 
be  poured  into  the  joints  at  a  temperature  not  less  than 
300  degrees  Fahrenheit,  and  while  the  gravel  is  still  hot 
and  dry,  until  the  joints  and  all  interstices  of  gravel  filling 
are  full  and  will  take  no  more  and  are  filled  flush  with  the 
top  of  the  blocks.  Dry,  hot  gravel  of  proper  size,  heated 
in  pans  especially  provided  by  the  Contractor  for  that  pur- 
pose, must  then  be  poured  along  the  joints  filled  with  pav- 
ing cement,  as  above  described,  and  consolidated  by  tamp- 
ing with  a  light  rammer  or  otherwise. 

The  paving  cement  to  be  used  in  filling  the  joints  be-  Paving  cement 
tween  the  paving  blocks  and  between  the  crosswalk  stones  c 
as  herein  provided  shall  be  composed  of  twenty  (20)  parts 
of  refined  Trinidad  asphalt  of  a  quality  to  be  approved  by 
the  Engineer,  and  three  (3)  parts  of  residuum  oil  mixed 
with  one  hundred  (100)  parts  of  coal  tar  which  shall  be 
obtained  from  the  direct  distillation  of  coal  tar,  and  shall 
be  the  residuum  therefrom,  and  shall  be  such  as  is  ordi- 
narily numbered  4  at  the  manufactory  (the  proportions  to 
be  determined  by  the  weight).  It  shall  be  delivered  on 
the  work  in  lots  at  least  one  (i)  week  before  being  used, 
in  order  that  the  necessary  analysis  and  examination  may 
be  made  by  the  Engineer.  In  addition  to  this  the  Con- 
tractor must  furnish  the  Engineer  with  the  certificate  of 
the  manufacturer  or  refiner  that  the  materials  are  of  the 
kind  specified.  The  coal  tar,  oil  and  asphalt  must  be 
mixed  and  heated  in  the  proportions  named,  on  the  work 
as  needed  for  immediate  use,  to  a  temperature  of  300  de- 
grees Fahrenheit,  which  temperature  shall  be  indicated  by 
a  thermometer  attached  and  fixed  to  the  boiler  or  heating 
kettle. 

If  stone  pavement  is  to  be  relaid  without  concrete  foun-  STONE 
dation,  the  trench  is  to  be  backfilled,  dressed  off  and  com-  £^*e.nt   without 
pactly  rolled  or  tamped  as  previously  described  for  asphalt 
pavement,  except  that  the  surface  is  to  be  truly  shaped 
to  a  grade  ten  ( 10)  inches  below  the  top  of  the  proposed 
pavement  when  rammed,  unless  stones  are  to  be  used  of  a 
different  depth  than  the  standard  stones  of  not  less  than 
seven  (7)  nor  more  than  eight  (8)  inches,  in  which  case 


142  Chap.  II. — Agree't  for  Const 'n:  Specifications. 


Stones  how  laid. 


MACADAM 
pavement. 


Bed,    preparation 
of. 


Old    material. 


the  distance  from  the  grade  of  the  proposed  pavement  to 
the  grade  of  the  filling  as  rolled,  is  to  be  increased  or  de- 
creased accordingly. 

The  stone  blocks  are  to  be  laid  in  courses  at  right  angles 
with  the  line  of  the  street,  except  in  special  cases  when 
they  shall  be  laid  at  such  angle  as  directed,  with  such 
crown  and  at  such  grade  as  the  Engineer  may  direct ;  each 
course  of  blocks  shall  be  of  uniform  width  and  depth,  and 
so  laid  that  all  longitudinal  joints  or  end  joints  shall  be 
close  joints  and  shall  be  broken  by  a  lap  of  at  least  three 
(3)  inches,  and  that  joints  between  courses  shall  be  as 
close  as  possible.  As  the  blocks  are  laid  they  shall  be  cov- 
ered with  sharp,  coarse  sand  to  a  depth  that  will  complete- 
ly fill  all  joints  which  shall  be  raked  until  all  the  joints  be- 
come filled  therewith ;  the  blocks  shall  then  be  thoroughly 
rammed  to  a  firm,  unyielding  bed,  with  a  uniform  surface 
to  conform  to  the  grade  and  crown  of  the  street.  No 
ramming  shall  be  done  within  twenty-five  (25)  feet  of  the 
face  of  the  work  that  is  being  laid,  and  in  doing  all  ram- 
ming the  Contractor  shall  employ  one  ( I )  rammer  to  every 
two  (2)  pavers.  Whenever  the  payment  for  not  less  than 
two  hundred  (200)  feet,  and  not  exceeding  two  hundred 
and  sixty  (260)  feet,  shall  have  been  constructed  as  above 
described,  it  shall  be  covered  with  a  good  and  sufficient 
second  coat  of  clean,  sharp  sand;  and  shall  immediately 
thereafter  be  thoroughly  rammed  until  the  work  is  made 
solid  and  secure;  and  so  on  until  the  whole  of  the  work 
embraced  in  this  agreement  shall  have  been  well  and 
faithfully  completed,  in  accordance  with  these  specifica- 
tions. 

Where  macadam  pavement  is  to  be  relaid  the  trench  is 
to  be  backfilled,  dressed  off  and  compactly  rolled  or 
tamped  as  previously  described  for  asphalt  pavement,  ex- 
cept that  the  surface  is  to  be  truly  shaped  to  a  grade  eigh- 
teen (18)  inches  below  the  grade  of  the  proposed  pave- 
ment. 

On  taking  up  old  macadam  pavement,  only  so  much  of 
the  component  material  shall  be  used  in  relaying  as  the 
Engineer  may  permit.  Such  material  shall  be  neatly  piled 


Chap.  II. — Agree' t  for  Const' n:  Specifications.  143 

as  and  where  directed  and  the  old  material  condemned  as 

unfit  for  use  shall  be  at  once  removed  and  disposed  of  in 

the  manner  as  specified  for  excavated  material.       New   New  material. 

material  for  macadam  paving  shall  be  of  the  quality  and 

description  as  hereinafter  described. 


The  stone  for  the  foundation  of  the  pavement  is  to  be  Quality  and 
sound,  hard  and  durable  quarry  stone,  not  too  brittle  or  tfofstone  foundi- 
friable,  free  from  sap,  seams  and  imperfections,  and  of  tions. 
even  quality,  each  from  ten  (10)  to  twelve  (12)  inches  in 
depth,  from  three  (3)  to  six  (6)  inches  in  width,  and  from 
six  (6)  to  sixteen  (16)  inches  in  length,  and  of  a  suffi- 
ciently uniform  size  to  be  acceptable,  with  suffi- 
ciently parallel  and  even  faces  on  sides,  ends,  top  and 
bottom,  and  to  properly  join  and  wedge,  except  the  stones 
under  the  trap  or  granite  block  pavement,  or  bridge  stones, 
which  only  differ  from  those  above  described  in  that  they 
must  be  not  less  that  six  (6)  nor  more  than  eight  (8) 
inches  in  depth,  and  except  the  course  of  stone  under  the 
macadam,  which  is  next  to  the  stone  blocks,  which  stone 
is  to  be  twelve  (12)  inches  in  depth,  not  less  than  twelve 
(12)  nor  more  than  twenty- four  (24)  inches  in  length, 
and  not  less  than  six  (6)  nor  more  than  nine  (9)  inches 
in  thickness,  but  in  every  other  respect  similar  to  the  foun- 
dation stone  first  above  described. 


The  bottom  course  is  to  be  composed  of  broken  trap  or  Quality  and  di- 
Clinton  Point  stones,  all  of  the  same  kind  and  hard,  dura-  JSSS.  °Stone. 
ble  and  not  too  brittle.  The  stones  are  to  be  of  uniform 
quality,  free  from  sap,  seams  and  imperfections,  and  free 
from  screenings,  dirt  and  other  foreign  matter.  No  stone 
in  its  greatest  diameter  shall  be  more  than  two  and  a  half 
(2^2)  inches,  and  in  its  smallest  diameter  less  than  one 
and  one-half  (ij^)  inches,  and  the  stones  between  these 
dimensions  shall  average  sufficiently  large  to  be  acceptable. 
The  broken  stone  composing  the  next  overlying  course 
is  to  be  hard,  durable,  and  not  too  brittle  trap-rock  or 
Clinton  Point  stone;  no  stone  shall  measure  more  than 
two  (2)  inches  nor  less  than  one  and  a  half  (ij^)  inches 
in  any  diameter.  The  stones  between  these  dimensions 


144  Chap.  II. — Agree 't  for  Const' n:  Specifications. 


Quality  and  di- 
mensions of  the 
binding  material. 


shall  be  distributed  evenly  throughout  the  mass,  and  shall 
be  of  a  shape  as  nearly  cubical  as  can  be  secured  by  any 
mechanical  process  acceptable  to  the  Engineer. 

The  binding  course  is  to  be  composed  of  trap-rock  or 
Clinton  Point  screenings.  They  shall  be  of  uniform  qual- 
ity, free  from  dirt  and  other  foreign  matter,  no  stone  to 
be  of  larger  size  in  any  direction  than  one-half  (y2)  inch, 
and  all  particles  to  be  of  such  relative  size  to  one-half  (l/2) 
inch  as  shall  be  acceptable  to  the  Engineer ;  it  may  con- 
tain not  more  than  twenty  (20)  per  cent,  of  the  flour. 


A  sample  of  the  macadam  stone,  showing  the  quality 
and  the  run  of  the  size  of  the  stone  to  be  used  in  the  work, 
shall  be  furnished  at  the  office  of  the  Board  and  approved 
by  the  Engineer  before  any  is  placed  upon  the  street  or 
avenue. 


Laying  the 
foundation  for 
pavement. 


After  the  road-bed  is  properly  prepared,  to  the  satisfac- 
tion of  the  Engineer,  and  the  stone  for  foundation  hauled 
and  deposited  thereon,  they  shall  be  laid  by  hand  in  the 
form  of  a  close,  firm  pavement,  so  as  to  break  joints  by  at 
least  one  ( I )  inch  and  with  the  various  sizes  properly  dis- 
tributed. They  shall  be  set  on  their  broadest  edges,  with- 
out underpinning,  perpendicular  to  the  line  of  grade, 
lengthwise  and  at  right  angles  across  the  road,  except  in 
the  case  of  the  stone  under  the  macadam,  which  is  next 
to  stone  blocks  or  bridge  stones,  and  stones  where  the  road- 
way beyond  is  not  macadamized,  which  foundation  stone 
are  to  be  placed  with  their  longest  side  parallel  to  the  curb 
or  bridge  stones;  after  being  set  closely  together,  they 
are  to  be  firmly  wedged  by  inserting  and  driving  down 
with  a  bar,  in  all  possible  places  between  them,  stones  of 
the  same  quality,  as  near  as  practicable,  of  the  same  depth, 
until  all  the  stones  are  bound  and  clamped  in  proper  posi- 
tion; all  the  projections  and  irregularities  of  the  upper 
part  of  the  pavement  shall  be  broken  off  with  a  hammer, 
care  being  taken  not  to  loosen  the  pavement,  and  the  spalls 
and  chips  are  to  be  worked  and  driven  with  the  hammer 
into  all  the  interstices  not  already  filled  by  the  process  of 
wedging,  so  that  the  pavement,  when  completed,  shall  pre- 


Chap.  II. — Agree't  for  Const' n:  Specifications.   145 

sent  a  sufficiently  even,  but  not  too  smooth  surface,  and  be 
ten  (10)  inches  thick  under  the  macadam,  except  the  line 
of  stone  nearest  the  stone  blocks,  which  shall  be  twelve 
(12)  inches,  and  eight  (8)  inches  under  the  stone  blocks 
or  new  lines  of  bridge  stone.  No  wedging  shall  be  done 
within  twenty-five  (25)  feet  of  the  face  of  the  work  that 
is  being  laid  and  the  stone  foundations  must  be  in  a  com- 
pact and  satisfactory  condition  in  every  respect  at  the  time 
of  the  spreading  of  the  broken  stone.  The  road  bed  must 
be  prepared  for  laying  the  telford  at  least  fifty  (50)  feet 
ahead  of  the  work.  The  interstices  of  the  telford  over 
which  stone  blocks  or  bridge  stones  are  to  be  placed  must 
be  thoroughly  and  completely  filled  with  clean,  sharp, 
coarse  sand. 

After  the  stone  foundation  has  been  completed  agreeably  Macadamizing, 
to  these  specifications  and  has  passed  the  inspection  of  the 
Engineer,  a  layer  of  broken  stone  of  the  quality  and  size 
herein  specified  for  the  bottom  course,  and  of  such  a  depth 
as  will,  when  rolled,  have  a  surface  four  (4)  inches  below 
the  surface  of  the  broken  stone  when  completed,  irrespec- 
tive of  the  finishing  course,  shall  be  spread  evenly  over  the 
foundation  pavement,  except  where  the  stone  blocks  and 
bridge  stones  are  to  be  laid ;  this  layer  is  then  to  be  rolled 
until  sufficiently  compact  with  or  without  the  sprinkling  of 
water,  and  in  so  doing  as  much  dry  screening  of  trap-rock 
as  can  be  introduced  without  separate  stone,  is  to  be  rolled 
into  the  stone  so  as  to  fill  the  interstices,  and  stone  is  to  be 
added  or  removed  so  as  to  make  the  surface  practically 
of  the  proper  height. 

The  next  overlying  course  will  be  of  the  stone  herein- 
before described  for  said  course,  and  is  to  be  spread  at 
such  depth  that  the  surface,  when  rolled,  will  be  at  the 
proper  grade  irrespective  of  the  finishing  course ;  this  layer 
is  then  to  be  rolled,  and  during  the  process  of  rolling, 
similar  stone  is  to  be  added  or  removed  from  time  to  time, 
so  that  when  the  rolling  ceases,  the  roadway  is  truly  sur- 
faced to  the  required  grade  and  crown. 

During  the  process  of  rolling  the  upper  course  of  stone, 
screenings  shall  be  introduced  dry  or  with  the  assistance 


146  Chap.  II. — Agree 't  for  Const' n:  Specifications. 

of  water  applied  in  such  manner  and  quantity  as  shall  be 
required,  so  that  all  interstices  shall  be  entirely  and  com- 
pletely filled  with  screenings,  and  as  these  screenings  dis- 
appear in  the  interstices  of  the  stone  with  the  rolling,  fresh 
screenings  are  to  be  added  until  all  interstices  are  filled 
and  the  surface  of  the  pavement  smooth  and  consolidated 
and  on  the  proper  crown  and  grade.  After  the  upper  lay- 
er has  become  thoroughly  compact,  there  shall  be  spread 
upon  the  surface  so  much  screenings  as  will  produce  a 
covering  of  one  ( I )  inch  in  depth  when  rolled.  The  roll- 
ing is  to  be  continued  until  the  surface  is  puddled  and 
water  flushes  on  it,  and  the  screenings  shall  be  worked  in 
and  through  to  such  extent  as  is  necessary  for  puddling, 
after  water  flushes  on  the  surface  screenings  to  the  depth 
of  one-half  (y2)  inch  shall  be  spread  over  the  road,  which 
shall  then  be  open  to  traffic. 

The  surface  of  any  course  shall  be  scratched,  if  required, 
so  as  to  obtain  a  proper  bond  with  that  next  overlying. 

Each  of  the  different  courses  must  be  completed  for  the 
distance  of  not  less  than  fifty  (50)  feet  before  any  of  the 
materials  of  the  next  succeeding  course  are  laid. 

Rolling.  The  rolling  of  the  macadam  stone  and  screenings  shall 

be  done  with  a  roller  weighing  not  less  than  four  thou- 
sand (4,000)  pounds  to  the  foot  of  width. 

Each  layer  of  broken  stone  and  the  screenings  shall  be 
well  and  thoroughly  rolled,  and  the  rolling  upon  each 
layer  shall  be  prosecuted,  until,  in  the  opinion  of  the  En- 
gineer, each  course  shall  have  been  completed  as  herein- 
before specified,  and  until  each  layer  and  the  finished  sur- 
face shall  be  rolled  and  finished  to  his  entire  satisfaction 
and  approval. 

During  the  rolling  of  the  lower  course  of  stone  only 
so  much  water  shall  be  sprinkled  thereon  as  is  necessary 
to  prevent  wearing  by  attrition ;  but  in  rolling  the  upper 
course  of  stone  and  the  screenings,  water  is  to  be  applied 
in  such  quantities  and  in  such  manner  as  to  completely 
and  compactly  fill  all  interstices  with  screenings,  and 
soaked  so  as  to  secure  a  set  and  to  produce  the  flushing 


Chap.  II. — Agree' t  for  Const' n:  Specifications.   147 

hereinbefore  referred  to;  and  the  screenings  shall  be 
worked  in  and  through  to  further  secure  this  result,  and 
shall  be  applied  to  such  extent  as  is  necessary  for  pud- 
dling. The  sprinkling  of  the  puddled  course  shall  be 
done  from  a  cask  or  other  receptacle,  mounted  on  a  two 
wheeled  cart,  and  in  compacting  and  puddling  this  course 
the  cart  shall  be  kept  immediately  in  front  of  the  wheels 
of  the  roller. 

After  all  the  interstices  of  the  stone  are  filled  with 
screening,  forty-eight  (48)  hours  may  elapse  before  the 
final  puddling,  if,  in  the  opinion  of  the  Engineer,  better 
results  would  be  obtained  thereby. 

The  rolling  shall  be  prosecuted  in  such  sections  as  shall 
be  directed,  for  the  entire  width  of  the  wheelway,  and  a 
length  of  fifty  (50)  feet  at  the  end  of  each  course  shall, 
when  practicable,  remain,  as  the  work  progresses,  un- 
covered by  the  next  overlying  course,  and,  when  prac- 
ticable, no  rolling  will  be  allowed  within  twenty-five  (25) 
feet  of  the  end  of  any  course.  No  rolling  directly  on  the 
telford  will  be  allowed  without  special  permission. 

The  pavement,  when  completed,  shall  be,  when  prac-  Depth  of 
ticable,  at  each  point  of  such  construction,  at  least  of  such  Pavement- 
a  depth  as  required  by  the  specifications,  that  is,  eighteen 
( 18)  inches  exclusive  of  the  finishing  course,  and  of  such 
crown  and  such  form  of  gutter  as  shall  be  directed,  and 
in  any  case  the  thickness  of  the  pavement  is  to  be  deter- 
mined on  a  line  at  right  angles  to  the  grade  and  crown. 

The  use  of  a  proper  roller,  rammers  or  other  suitable 
implement,  is  to  be  substituted  for  that  of  the  steam- 
roller when  necessary. 

The  construction  of  the  telford  foundation  and  the 
macadam  pavement  shall  proceed  so  as  to  be  equally  ad- 
vanced across  the  entire  width  of  the  space  to  be  paved. 

Particular  care  and  attention  will  be  required  in  obtain- 
ing a  satisfactory  joining  of  the  macadam  paving  and  the 
blocks  in  the  gutters,  and  at  the  bridge  stones. 


148  Chap.  II. — Agree' t  for  Const' n:  Specifications. 

Unpaved  streets.  On  unpaved  streets,  the  filling  over  the  work  shall  be 

brought  to  a  height  not  greater  than  the  established  grade 
of  the  street,  and  the  street  surface  restored  to  a  condition 
safe  and  suitable  for  public  travel. 


Cross    walks. 


Pavements    ad- 
joining the  exca- 
vation. 


Broken  stones  to 
be   replaced. 


Specifications  do 
not  prohibit  lay- 
ing better  pave- 
ments  under 
special  agree- 
ments. 


Wherever  cross-walks  are  required  across  or  adjoining 
pavement  that  is  to  be  relaid,  the  present  bridge  stones  are 
to  be  relaid,  provided  they  are  not  broken  in  taking  up 
and  are  in  a  condition  to  use,  as  approved  by  the  En- 
gineer. They  shall  be  redressed  so  as  to  be  laid  with 
joints  at  the  ends  not  exceeding  one-quarter  (14)  of  an 
inch  in  width  from  the  top  to  the  bottom.  Bridge  stones 
are  to  be  firmly  imbedded  on  a  foundation  of  clean,  sharp 
sand  and  set  and  tamped  in  such  a  manner  that  they  shall 
admit  of  no  further  settlement.  They  must  be  true  :o 
line  and  grade,  and  so  laid  in  courses  that  the  transverse 
joints  will  be  broken  by  a  lap  of  at  least  one  (i)  foot. 

Paving,  flag,  bridge,  curb  and  gutter  stones  adjoining 
the  excavation  shall,  where  deemed  necessary  to  secure  a 
true  street  grade,  be  taken  up  and  relaid  by  the  Contractor 
at  the  time  of  repaving.  Whenever  any  sidewalks  or 
curbstones  are  displaced,  taken  up  or  removed,  they  shall 
be  relaid  by  the  Contractor  in  a  manner  similar  to  and  in 
a  condition  at  least  as  good  as  existed  previous  to  such 
displacement  or  removal,  and  as  soon  as  possible  after  the 
completion  of  the  work. 

Whenever  any  paving,  curb,  gutter  or  flag-stones  are 
lost  or  broken,  they  shall  be  replaced  by  stones  of  similar 
size  and  quality. 

Nothing  contained  in  these  specifications  shall  be  un- 
derstood or  construed  as  prohibiting  the  Contractor  from 
making  any  arrangement  with  the  Commissioner  of  High- 
ways, or  such  other  officer  of  the  City  of  New  York  who 
may  be  in  charge  of  street  paving,  to  lay  a  better  or  other 
form  of  street  pavement ;  or  to  make  an  arrangement  with 
any  property  owner  to  lay  another  style  of  sidewalk  in 
front  of  such  premises,  in  place  of  the  pavement  or  side- 
walk taken  up ;  in  which  case  the  Contractor  is  to  file  with 


Chap.  II. — Agree 't  for  Const' n:  Specifications.   149 

the  Board  a  copy  of  its  contract  with  such  municipal  offi-  In  case  municipal 
cer  or  with  such  property  owner,  duly  acknowledged  in  owner 
writing  by  both  parties.  In  case  the  municipal  officer  in  agree  with 
charge  of  street  paving,  or  any  property  owner,  desires  to  c 
lay  a  pavement  in  any  street,  or  a  sidewalk  along  any 
street,  affected  by  this  Contract,  different  from  the  one 
removed,  and  shall  notify  the  Board  in  writing  that  he 
has  failed  to  make  satisfactory  arrangements  for  such 
work  with  the  Contractor,  then  the  Board  in  its  discretion 
may  direct  the  Contractor  to  finish  and  dress  off  the  filling 
over  its  work  to  such  grade  as  the  Engineer  may  select, 
and  further  direct  it  to  remove  from  the  street  all  stones 
of  whatever  nature  not  required  to  be  relaid,  and  to  per- 
mit another  contractor  to  lay  such  pavement  or  sidewalk ; 
in  which  case  the  liability  of  the  Contractor  under  this 
contract  shall  cease  as  far  as  that  part  of  its  work  is  con- 
cerned, whenever  the  Engineer  shall  report  to  the  Board 
that  the  instructions  of  the  Board  have  been  complied 
with,  exactly  the  same  as  if  the  Contractor  had  fully  com- 
pleted the  repaving  as  hereinbefore  provided.  The  Engi- 
neer shall  then  report  to  the  Board  the  number  of  square 
yards  of  pavement  thus  disturbed  but  not  relaid,  and  the 
Board  will  deduct  from  the  amount  named  in  this  con- 
tract as  the  price  to  be  paid  to  the  Contractor,  the  sum  of 
one  dollar  and  five  cents  ($1.05)  for  each  square  yard  of 
said  pavement  when  the  same  is  granite,  and  one  dollar 
and  twenty  cents  ($1.20)  for  each  square  yard  of  said 
pavement  when  the  same  is  macadam. 


In  New  Elm  Street  where  the  same  is  to  be  widened  or  No  pavmg  -m 
regraded,  the  Contractor  will  not  be  required  to  relay  the  Elm  Street, 
pavement  unless  the  work  of  widening  and  repaving  shall 
have  been  completed  prior  to  his  commencing  work.  It 
will,  however,  remove  the  old  material  or  store  the  same 
for  use  by  the  parties  owning  the  same,  as  directed  by  the 
Board,  and  backfill  with  approved  filling  material  to  a 
grade  below  that  of  the  proposed  pavement,  as  may  be 
ordered  by  the  Board,  and  leave  its  work  in  such  condi- 
tion that  the  municipal  officer  in  charge  of  street  paving 
or  the  abutting  property-owners,  may  let  contracts  for 
new  pavements. 


150  Chap.  II. — Agree 't  for  Const' n:  Specifications. 


Surface  and 
sub-surface 
structures  to 
be  supported. 


20.  MAINTENANCE  OF  STREET  RAILROAD 
TRACKS,  MAINS  AND  OTHER  SURFACE 
OR  SUBSURFACE  STRUCTURES. 

The  Contractor  shall  at  all  times,  by  suitable  bridging 
or  other  supports,  maintain  and  support  in  an  entirely 
safe  condition  for  their  usual  service  and  to  the  reason- 
able satisfaction  of  the  owners,  all  elevated  railroad  struc- 
tures, street  tramways  of  whatever  character,  water  and 
gas  mains,  steam  pipes,  pneumatic  tubes,  electric  subways, 
sewers,  drains,  and  all  other  surface  or  subsurface  struc- 
tures encountered  during  the  progress  of  the  work.  The 
sidewalks,  curbs,  areas  and  stoops  along  the  line  of  the 
work  must  also  be  protected  from  any  injury;  but  should 
any  injury  occur  to  any  sidewalk,  curb,  area  or  stoop,  the 
Contractor  shall  fully  restore  the  same  to  as  good  a  con- 
dition as  existed  before  the  injury  was  done. 


Notice  to  be 
given  in  advance 
of  commencing 
operations. 


Notice  is  to  be  given  by  the  Contractor  to  all  companies 
and  the  proper  city  officials,  owning  or  having  charge  of 
surface  or  subsurface  structures  along  any  part  of  the 
work,  of  its  intention  to  commence  operations  .along  such 
part  of  the  route,  at  least  one  (i)  week  in  advance,  and 
the  Contractor  shall  file  with  the  Engineer  at  the  same 
time  a  copy  of  said  notice;  and  it  shall  co-operate  with 
the  proper  officers  or  officials  in  charge  of  such  structures 
and  shall  furnish  them  with  all  reasonable  facilities  to  In- 
spect the  methods  of  caring  for  their  property. 


Work,  when   done 
by  City  or  com- 
panies owning 
mains. 


Whenever  it  becomes  necessary  to  cut,  move,  change 
or  reconstruct  any  such  structures,  as  named  above,  or 
connections  therewith,  such  work  shall  be  done  according 
to  the  reasonable  satisfaction  of  the  owners  of  such  pipes 
or  other  structures,  and  should  they  so  desire  by  the  own- 
ers themselves,  at  the  expense  of  the  Contractor;' such 
expense  not  to  exceed  the  actual  cost  of  labor  and  ma- 
terials used,  together  with  a  reasonable  allowance  for  the 
use  of  plant  and  tools  not  exceeding  -  seven  and  a  half 
per  cent. 


Chap.  II. — Agree 't  for  Const' n:  Specifications.   151 

All  work  of  reconstruction  or  alteration  if  performed    To  be  recon- 
by  the  City  or  owners  shall  be  done  with  reasonable  dis-  ^  without 

patch  and  facilities  are  to  be  provided  so  that  said  work 
will  interfere  as  little  as  possible  with  the  practical  work- 
ing and  use  of  such  structures.  Failing  to  make  such  al- 
terations within  a  reasonable  time  as  shall  be  adjudged 
by  the  Board,  may  be  considered  by  the  Contractor  as  a 
waiver  on  part  of  said  City  or  owners  of  the  right  to  do 
said  work. 


In  the  event  of  the  companies  or  the  City,  being  re-  Right  of  corn- 
quired  to  make  any  alteration  to  their  structures  as  above 
provided,  or  in  case  they  shall  consider  it  necessary  or  de- 
sirable to  make  any  further  alterations  in,  or  do  any  work 
to  or  in  connection  with  surface  or  sub-surface  structures 
owned  by  them  or  it,  at  the  time  the  work  under  this  con- 
tract is  in  progress,  the  Contractor  shall  give  said  com- 
pany or  City  all  reasonable  opportunity  to  perform  such 
work,  provided  such  work  or  alteration  for  the  benefit 
solely  of  the  owners  of  sub-surface  structures  does  not 
cause  the  Contractor  any  serious  loss  or  delay,  as  shall  be 
determined  by  the  Board. 


21.     STATIONS. 

Contract  Drawings  Numbers  C  26.  to  C  34.  inclusive,  Stations  un- 
are  plans  and  details  of  two  stations,  the  one  for  local  derground- 
trains  only  and  the  other  for  local  and  express  trains. 
During  the  progress  of  the  work  the  Board  will  issue  ad- 
ditional plans  for  the  other '  stations  to  be  built,  which 
plans  shall  be  similar  in  principle  to  those  shown  in  the 
Contract  Drawings  above  mentioned,  differing,  however, 
in  dimensions  and  details  as  rendered  necessary  by  local 
conditions,  which  plans  shall  become  binding  on  the  Con- 
tractor as  if  prepared  and  issued  at  the  time  of  signing 
the  contract.  Or,  if  the  Contractor  prefer,  it  may  prepare 
plans  of  all  or  any  of  the  stations  and  submit  the  same  to 
the  Board,  and  if  their  approval  be  obtained  to  such  plans, 
or  to  such  plans  as  amended  by  them,  then  the  Contractor 


Stations    on 
viaducts. 


152  Chap.  II. — Agree 't  for  Const' n:  Specifications. 

may  use  such  plans,  or  plans  as  amended,  in  lieu  of  the 
plans  shown  in  Contract  Drawings  Numbers  C  26.  to 
C  34.,  inclusive,  and  the  other  Contract  Drawings  of  the 
other  stations  as  contemplated  above.  Such  plans,  if  pre- 
pared by  the  Contractor  must,  in  order  to  be  approved, 
describe  stations  at  least  as  convenient,  effective  and  at- 
tractive in  their  general  plan,  arrangement  and  details 
as  the  stations  described  in  these  specifications  and  in 
the  Contract  Drawings  Numbers  C  26.  to  C  34.,  -inclusive. 
Where  local  conditions  permit,  and  the  Board  approve, 
the  Contractor  will  be  permitted  to  build  stations  with 
island  platforms. 

Stations  on  viaducts  shall  be  built  according  to  plans 
and  specifications  furnished  by  the  Board  or  according  to 
plans  and  specifications  furnished  by  the  Contractor  and 
approved  by  the  Board.  Such  plans  and  specifications  will 
describe  stations  of  the  most  convenient  form  according 
to  the  local  conditions,  and  with  an  attractive  and  artistic 
appearance.  The  platforms  shall  be  of  the  same  length 
as  for  the  stations  underground,  and  the  stairways  leading 
to  the  same  shall  start  from  both  sides  of  the  street,  or 
from  both  sides  of  the  cross  streets  in  the  case  of  two 
sided  stations  located  at  the  intersection  of  streets.  Plat- 
forms and  stairways  shall  be  as  wide  as  the  local  circum- 
stances permit,  and  shall  be  covered  for  their  full  length. 
All  materials  used  in  the  construction  of  such  stations 
shall  be  of  the  best  class  as  ordinarilv  used  for  such  work. 


Vault  lights.  The  roof  of  the  stations,  where  under  the  sidewalks, 

shall,  to  as  great  an  extent  as  possible,  consist  of  what 
are  known  as  vault  lights.  These  lights  shall  be  made  of 
cast-iron  frames,  with  lenses  not  exceeding  two  (2s) 
inches  in  diameter,  of  strong  glass  set  in  cement,  all  of 
design  approved  by  the  Engineer ;  which  frames  shall  be 
of  sufficient  strength  to  carry,  when  supported  in  a  man- 
ner similar  to  that  in  which  they  are  to  be  permanently  set, 
an  equally  distributed  load  of  at  least  five  hundred  ( 500") 
pounds  per  square  foot  without  signs  of  failure,  deforma- 
tion or  permanent  set,  when  such  test  load  is  removed. 
The  right  is  reserved  to  test  at  least  one  d)  frame  in 


Chap.  11. — Agree' t  for  Const' n:  Specifications,  i^ 

every  ten  (10)  delivered,  as  selected  by  the  Engineer. 
Should  the  one  selected  fail,  another  will  be  selected  by 
the  Engineer;  and,  if  that  fail,  then  the  whole  lot  may  be 
rejected.  These  frames  must  be  set  in  place  with  ce- 
ment, lead  or  other  means  to  be  absolutely  waterproof,  as 
tested  by  a  hose  with  one-half  (^2)  inch  nozzle  and  hy- 
drant pressure. 


In  order  to  prevent  any  leaks  and  as  far  as  possible  Walls, 
condensation,  the  Contractor  must  exercise  great  care  in 
the  construction  of  station  walls  and  roofs.  The  walls 
above  the  platform  level,  when  acting  as  retaining  walls, 
shall  be  built  of  brick  or  concrete  with  a  waterproof  lay- 
er, all  as  described  under  the  appropriate  clauses  in  these 
specifications.  The  walls  shall  be  faced  with  enamelled 
hollow  bricks.  If  such  hollow  bricks  can  not  be  obtained  Hollow  bricks, 
of  quality  satisfactory  to  the  Engineer,  then  at  a  distance 
of  one  ( i )  inch  from  the  interior  face  of  such  walls  there 
shall  be  built  a  wall  of  enamelled  bricks,  or  in  place  of 
enamelled  brick  a  wall  not  less  than  four  (4)  inches  thick 
of  hollow  brick,  the  exterior  face  of  which  shall  be  cov- 
ered with  enamelled  tiles.  The  interior  wall  may  be 
stayed  by  header  bricks  abutting  against  the  main  wall, 
such  header  bricks  occurring  not  oftener  than  one  (i) 
inch  in  each  square  yard.  The  hollow  spaces  in  the  walls 
shall  be  connected  at  the  bottom  by  a  pipe  furnished  with 
a  stopcock  and  leading  to  the  drain. 


The  floors  of  stations  shall  be  of  some  approved  form  Floors, 
of  cement  or  artificial  stone,  and  shall  be  sa  arranged  as 
to  drain  to  one  or  more  points  as  directed,  where  suitable 
and  proper  provision  shall  be  made  for  the  removal  cf 
water  used  in  flushing  the  same.  In  the  designs  of  sta- 
tions all  corners  formed  by  intersecting  walls  shall  be 
avoided  by  joining  these  walls  by  curves  of  large  radius. 
In  order  that  such  curved  surface  shall  present  a  smooth 
and  workmanlike  finish,  the  Contractor  shall  supply  spe- 
cial bricks  or  tiles  properly  curved  to  the  radius  used ;  and 
where  the  sidewalls  join  the  floor  the  corners  shall  be 
rounded  by  specially  made  bricks  or  tiles  curved  to  a 


Ceilings. 


Stairways. 


Ventilators. 


Waterclosets. 


154  Chap.  II. — Agree' t  for  Const' n:  Specifications. 

radius  of  at  least  two  (2)  inches.  All  details  of  the  sta- 
tions must  be  so  arranged  as  to  facilitate  cleaning,  and  to 
permit  if  desired  a  thorough  washing  of  all  parts  of  the 
stations  and  their  approaches  by  means  of  a  hose. 

The  ceilings  of  stations  where  not  made  by  vault  lights 
shall  be  made  as  follows:  The  roof  shall  be  formed  in 
the  ordinary  manner  as  the  roof  of  the  railway,  that  is, 
of  brick  or  concrete  jack  arches,  all  carefully  water- 
proofed. The  interior  surface  shall  be  made  of  wood, 
plaster  on  expanded  metal  laths, 'or  some  non-conducting 
material  approved  by  the  Board.  This  material,  of  what- 
ever nature,  shall  be  of  the  best  quality  ordinarily  used 
for  such  purpose,  and  shall  be  attached  to  the  flanges  of 
the  roof  beams  so  as  to  leave  an  air  space  behind  the 
same.  The  ceiling  on  the  exposed  surface  shall  be  suit- 
ably decorated.  The  stairways  shall  be  of  iron  or  of 
sound  and  suitable  stone,  and  furnished  with  the  most 
approved  form  of  treads  to  prevent  slipping.  Wherever 
possible  there  shall  be  two  (2)  stairways  for  each  side  of 
each  station,  and  all  stairways  shall  be  of  as  great  a  width 
as  the  local  conditions  will  satisfactorily  permit  and  as 
the  Board  may  approve.  Where  the  presence  of  area- 
ways  or  other  openings  permits  there  shall  be  louvre  ven- 
tilators of  glass  of  approved  design  placed  immediately 
beneath  the  ceiling  of  stations.  These  louvres  shall  be  in 
height  not  exceeding  three  (3)  feet,  shall  extend  in  length 
as  great  a  distance  as  the  local  circumstances  shall  permit, 
unless  otherwise  ordered  by  the  Board,  and  shall  be  so  ar- 
ranged as  to  exclude  storm  water. 

The  ticket  booths,  railings,  doors  and  other  details  are 
to  be  of  wood,  brass  and  glass,  and  designed  and  con- 
structed with  skill  and  in  a  manner  approved  by  the 
Board. 

Each  side  of  every  station,  unless  otherwise  ordered  by 
the  Board,  shall  be  equipped  with  two  (2)  waterclosets 
plainly  marked  for  the  use  of  women  and  men  respective- 
ly. They  shall  be  finished  with  bowls  of  sanitary  design 
and  approved  make,  and  supplied  with  a  good  flushing 
device.  In  addition  to  the  bowl  the  closet  for  the  men 


Chap.  II. — Agree 't  for  Const' n:  Specifications.   155 

shall  be  furnished  with  a  urinal  and  special  flush  for  the 
same,  all  of  approved  design.  The  doors  leading  to  these 
closets  shall  be  equipped  with  good  self-closing  springs. 
Each  closet  shall  have  a  ventilating  pipe  leading  direct  to 
the  outer  air,  and  covered  by  a  suitable  cast  iron  grating 
to  set  in  the  sidewalk  or  other  place,  and  furnished  with 
a  small  automatic  exhaust  fan.  The  bowls  and  urinals 
shall  be  connected  by  means  of  cast  iron  drain  pipes  to 
the  main  sewer.  These  drains  shall  be  furnished  with 
sufficient  traps  of  approved  design,  set  close  to  the  fixt- 
ures, which  traps  shall  be  back-aired  in  an  efficient  and 
workmanlike  manner,  such  back-air  pipes  terminating  in 
the  sidewalk  or  other  approved  situation,  and  covered  by 
suitable  galvanized  iron  gratings. 

Both  sides  of  every  station  shall  have  connection  with   Water  con- 
the  Croton  water  main  so  as  to  permit  the  attaching  of   * 
hose  or  hoses  for  the  flushing  and  washing  of  all  parts  of 
the  station  and  platform,  waiting  rooms  and  stairways. 

In  certain  stations  it  will  be  necessary  to  pass  sewers  Sewers  and  pipes. 
or  pipes,  or  both,  beneath  the  station  platforms,  and  in 
order  to  reach  the  same  for  the  purpose  of  inspection  and 
repair,  cast  iron  frames  capable  of  being  lifted,  of  such 
size  and  design  as  the  Board  may  prescribe,  shall  be  in- 
serted in  the  floor,  and  the  concrete  of  the  floor  so  laid 
as  to  be  exactly  flush  with  the  same. 

Whenever  it  is  necessary  to  suspend  from  the  ceilings 
of  any  station  or  stations,  pipes  for  the  conveyance  of 
water,  gas,  air,  electric  cables  or  other  materials,  the  same 
shall  be  of  wrought  iron  or  steel  in  lengths  of  at  least 
twenty  (20)  feet  between  joints.  The  joints  and  manner 
of  attaching  and  supporting  such  pipes  shall  be  as  per- 
mitted by  the  Engineer.  Water  mains  shall  be  encased 
in  asbestos  or  other  approved  non-conducting  material 
and  all  exposed  mains  or  pipes  shall  be  suitably  painted. 

Wherever  station  platforms  are  located  at  a  depth  or  Elevators, 
height  exceeding  thirty  (30)  feet  from  the  surface  of  the 


Lighting. 


Decoration. 


156  Chap.  II. — A  greet  for  Const' n:  Specifications. 

street,  the  Contractor  shall,  if  required  by  the  Board,  es- 
tablish an  approved  plant  of  elevators  not  exceeding  four 
(4)  in  number,  each  elevator  being  of  sufficient  size  to 
carry  at  least  twenty-five  (25)  persons. 

The  Contractor  shall  submit  to  the  Board  a  system  of 
lighting  the  stations  to  be  approved  by  them  before  being 
put  into  operation.  The  lights  are  to  be  located  as  far 
as  possible  by  being  sunk  in  recesses  in  the  ceiling  or  be- 
hind mouldings,  so  as  to  be  sheltered  from  direct  obser- 
vation, and  to  furnish  light  by  reflection.  The  lights 
must  be  of  sufficient  number  and  so  situated  as  to  light 
the  stations,  platforms  and  bridges  in  a  thorough  manner. 

The  stations  must  be  finished  in  a  decorative  and  at- 
tractive manner,  such  as  is  consistent  with  and  suitable  to 
buildings  of  such  character.  The  general  effect  is  to  be 
light,  avoiding  any  gloomy  suggestion.  To  produce  such 
an  appearance  the  color  of  the  enameled  bricks  or  tiles 
shall  be  white  or  approaching  white,  except  as  bricks  or 
tiles  of  other  color  are  introduced  for  architectural  effect. 
The  ceilings  are  to  be  decorated  in  a  suitable  and  attrac- 
tive manner,  and  tinted  a  light  color. 


Where  located. 


Extent. 


Surface  to  be 
graded. 


22.    TERMINALS. 

Terminal  grounds  shall  be  located  by  the  Contractor 
subject  to  the  approval  of  the  Board,  and  shall  be  suffi- 
cient in  area  to  permit  the  construction  of  machine  repair 
shops,  transfer  and  turntables,  and  other  terminal  appur- 
tenances, and  storage  tracks  having  a  mileage  of  not  less 
than  five  (5)  miles  and  capable  of  storing  such  equipment 
as  will  be  furnished  under  this  contract,  and  such  reason- 
able additions  thereto  as  are  likely  to  be  made  within  ten 
( 10)  years  next  ensuing  from  the  completion  of  the  work. 

The  surface  of  such  ground  shall  be  improved  by  ex- 
cavating, filling,  or  other  grading  as  ordered  by  the 
Board,  in  order  to  put  the  same  in  proper  condition  for 
use. 


Chap.  II. — Agree' t  for  Const' n:  Specifications.  157 

Buildings,  transfer  and  turntables  and  similar  ter-  Permanent  im- 
minal  appurtenances  of  a  permanent  character  shall  be 
constructed  according  to  the  plans  and  specifications  fur- 
nished by  the  Board,  or  according  to  the  plans  and  speci- 
fications to  be  furnished  by  the  Contractor  and  approved 
by  the  Board. 

All  buildings   shall  be  constructed  of  steel,  brick,  or   Fire  proof 
other  fireproof  materials,  and  shall  present  an  attractive 
appearance. 

All  machinery  and  other  equipment  in  connection  with   Machinery  and 
,    i     .,,.  .,  •  ,       equipment   owned 

such  buildings  or  other  terminal  appurtenances  are  to  be  {,£  contractor. 

furnished  and  owned  by  the  Contractor  along  with  the 
equipment  as  contemplated  by  the  Statute  and  called  for 
by  this  contract. 

Sidetracks  of  substantial  character  shall  be  constructed  Sidetracks, 
on  the  terminal  grounds.  These  sidetracks  shall  have  a 
combined  length  sufficient  to  hold  all  the  rolling  stock 
furnished  by  the  Contractor,  and  shall  be  so  laid  out  and 
placed  as  to  permit  their  convenient  operation,  and  the 
inspection  and  cleaning  of  the  cars  while  stored  thereon. 

23.     EQUIPMENT. 

Full  and  sufficient  equipment,  including  all  rolling  stock,   Furnished  by 
motors,   boilers,  engines,   wires,   subways,  conduits   and   contract°r- 
mechanisms,  machinery,  tools,  implements  and  devices  of 
every  nature  whatsoever,  used  for  the  generation  or  trans- 
mission of  motive  power,  and  including  all  power  houses, 
real  estate  necessary  therefor,  or  for  the  generation  or 
transmission  of  motive  power,  and  all  apparatus  for  sig- 
nalling and  ventilation,  are  to  be  provided  by  the  Con- 
tractor at  its  expense,  as  provided  in  the  Statute. 

The  amount  of  such  equipment  shall  be  at  least  suffi-  Amount  required, 
cient  to  supply  at  one  time  trains  of  three  (3)  cars  on  the 
local  lines  at  two  (2)  minute  intervals,  and  trains  of  four 
(4)  cars  on  the  express  lines  at  five  (5)  minute  intervals, 
each  car  having  a  minimum  seating  capacity  of  forty-eight 
(48)  persons. 


158  Chap.  II.  —  Agree  't  for  Const'  n:  Specifications. 


Power. 


Cars. 


Signals. 


Ventilation. 


Equipment  to  be 
approved. 


The  motive  power  of  such  equipment  shall  be  of  such 
a  character  as  not  to  require  combustion  in  the  tunnels  or 
on  the  viaducts.  The  motors  shall  have  sufficient  power 
to  haul  on  level  gradients,  in  addition  to  their  own  weight, 
a  train  of  five  (5)  cars,  at  an  average  speed  of  thirty-five 
(35)  miles  an  hour,  with  stations  one  and  a  half  (i^/a) 
miles  apart,  allowing  ten  (10)  seconds  for  the  duration  of 
each  stop. 

The  cars  shall  be  so  constructed  as  to  facilitate  to  the 
utmost  a  quick  discharge  and  loading  of  passengers.  Both 
motors  and  cars  shall  be  designed  to  have  a  handsome  and 
attractive  appearance,  both  within  and  without,  and  be 
constructed  of  the  best  material  and  workmanship;  and 
special  care  must  be  taken  to  avoid  all  loose  or  rattling 
parts  that  might  produce  noise.  Extra  provision  must  be 
made  for  the  thorough  ventilation  of  all  cars. 

The  signalling  devices  shall  be  of  the  most  approved 
and  reliable  character,  preference  being  given  to  a  system 
which  will  automatically  bring  a  train  to  a  stop  in  the 
event  of  the  man  in  charge  failing  to  obey  a  danger  signal. 

The  Contractor  shall  so  construct  the  tunnel,  cars  and 
equipment  and  provide  them  with  such  devices  for  venti- 
lation that  they  will  be  supplied  at  all  times  with  pure, 
wholesome  air.  In  addition  to  the  openings  to  be  con- 
structed at  stations,  the  Contractor  shall  construct  at  least 
two  (2)  such  blowholes  as  shown  on  Contract  Drawing 
No.  C  10.  between  every  two  stations  on  the  tunnel  por- 
tion of  the  Main  and  West  Side  Lines  between  Sixtieth 
street  and  One  hundred  and  fiftieth  street.  The  Con- 
tractor may  construct  other  blowholes  and  ventilating 
shafts  and  such  other  constructions  as,  in  the  opinion  of 
the  Contractor,  may  be  needed  to  give  an  efficient  system 
of  ventilation  and  as  may  be  approved  by  the  Board. 

The  general  plans  of  the  equipment,  including  designs 
for  cars,  devices  for  signals  and  ventilation,  must  be  sub- 
mitted to  the  Board  and  approved  by  it,  both  as  to  design 
and  quantity,  and  furthermore,  the  construction  of  the 


Chap.  II. — Agree' t  for  Const' n:  Specifications.  159 

equipment  must  be  similarly  approved  as  to  material  and 
workmanship. 


24.    GENERAL    CLAUSES. 

All  materials  and  workmanship  must  be  of  the  best   Materials  and 
class  in  every  respect  as  ordinarily  used  for  such  work   workmanship, 
where  applied,  and  the  Engineer  is  to  be  the  sole  judge  of 
their  quality  and  efficiency. 

Wherever   necessary   the   Contractor'  shall   erect   and   Fences, 
maintain  at  its  own  expense  fences  for  the  protection  of 
adjoining  property  and  of  the  adjoining  public  places. 

At  its  own  expense  and  under  the  direction  of  the  En-  Work  to  be 
gineer,  the  Contractor  is  to  clear  the  work,  streets  and   cleared- 
all  public  places  occupied  by  it  from  all  refuse  and  rub- 
bish, and  leave  them  in  a  neat  condition. 

Wherever  the  Contractor  is  absent  from  any  part  of  Orders  given  in 
the  work  where  it  may  be  necessary  to  give  instructions,   Contractor's 
orders  will  be  given  by  the  Engineer  to  and  shall  be  re- 
ceived and  obeyed  by  the  superintendent  or  overseer  of 
the  Contractor    who  may  have  charge  of  the  particular 
work  in  relation  to  which  the  orders  are  given,  and  a 
written  copy  of  such  orders  will  be  forwarded  to  the  Con- 
tractor by  the  Engineer  without  delay. 

The  principal  lines  and  grades  are  to  be  given  by  the  Ljnes  and  grades. 
Engineer,  who  may  change  them  from  time  to  time  as 
may  be  authorized  and  directed  by  the  Board.  The  stakes 
and  marks  given  by  the  Engineer  must  be  carefully  pre- 
served by  the  Contractor,  which  must  give  to  the  Engineer 
all  necessary  assistance  and  facilities  for  establishing 
benches  and  plugs  for  making  measurements. 

Any  inefficient  or  imperfect  work  which  may  be  dis-   Imperfect  work. 
covered  before  the  final  acceptance  of  the  work,  shall  be 
corrected  immediately  on  the  requirement  of  the  Engineer, 
notwithstanding  that  it  may  have  been  overlooked  by  the 
proper  inspector. 


160  Chap.  II. — Agree' t  for  Const' n:  Specifications. 


Damaged   work 
to  be  replaced. 


In  all  work  of  whatever  kind,  which  during  its  progress 
and  before  its  final  acceptance,  shall  become  damaged 
from  any  cause,  so  much  of  it  as  may  be  objectionable, 
shall  be  broken  up  or  removed,  and  be  replaced  by  good 
and  sound  work. 


Notice  to  be 
given  to  Engi- 
neer prior  to 
commencing 
construction. 


Before  commencing  work  on  any  part  of  the  route, 
whether  on  the  railway  or  on  the  sewers  lying  off  the 
line  of  the  railway,  the  Contractor  shall  give  notice  in 
writing  to  the  Engineer  at  least  one  (i)  week  in  advance 
of  its  intention  to  commence  such  operations ;  and  before 
commencing  manufacture,  or  resuming  manufacture  if 
the  same  has  been  suspended,  of  any  article  called  for  by 
these  specifications,  notice  shall  be  given  to  the  Engineer 
in  writing  at  least  one  (i)  week  in  advance,  with  the 
name  and  address  of  the  mill  and  the  amount  and  descrip- 
tion of  the  material  to  be  manufactured,  in  order  thin 
proper  inspection  may  be  arranged  for. 


Commencement 
to  be  postponed. 


If  so  requested  by  the  Engineer  in  writing,  counter- 
signed by  the  President  of  the  Board,  a  further  reasonable 
delay  in  commencing  work  or  manufacture  must  be  grant- 
ed, such  delay  to  extend  the  time  of  completing  this  con- 
tract as  named  herein. 


Conveniences. 


Ordinances  and 
regulations. 


Necessary  conveniences,  properly  secluded  from  public 
observation,  shall  be  constructed  wherever  needed  for  the 
use  of  laborers  on  the  works,  to  the  satisfaction  of  the 
Engineer  and  the  sanitary  authorities. 

In  all  operations  connected  with  the  work,  all  ordi- 
nances of  the  City  authorities,  and  of  the  Board  of  Health, 
which  shall  be  valid  and  operative  with  respect  to  work 
9n  the  Rapid  Transit  Railroad,  and  the  valid  regulations 
of  the  officers  of  the  United  States  in  charge  of  the  navi- 
gable waters  in  and  about  the  Harbor  of  New  York,  and 
all  laws  of  this  State  which  are  now  applicable  and  control 
or  limit  in  any  way  the  actions  of  those  engaged  in  the 
work  or  affecting  the  materials  belonging  to  them,  must 
be  respected  and  strictly  complied  with 


Chap.  II. — Agree' t  for  Const' n:  Specifications.   161 

• 

If  the  work  or  any  part  thereof,  or  any  material  found   Removal  of 
or  brought  on  the  ground  for  use  in  the  work  or  selected   tSff"111^  ™~ 
for  the  same,  shall  be  condemned  by  the  Engineer  as  un- 
suitable or  not  in  conformity  with  the  specifications,  the 
Contractor  shall  forthwith-  remove  such  materials  from 
the  work  and  rebuild  or  remedy  such  work  as  may  be 
directed  by  the  Engineer. 

The  Contractor  shall  employ  only  competent,  skillful   Competent  men  to 
and  faithful  men  to  do  the  work.     Whenever  the  Engi-    be  employed, 
neer  shall  notify  the  Contractor  in  writing  that  any  man 
on  the  work  is  in  his  opinion  incompetent,  unfaithful  or 
disorderly,  such  man  shall  be  discharged  from  the  work 
and  shall  not  again  be  employed  on  it. 


25.     SECTIONAL    CONSTRUCTION. 

The  foregoing  specifications  and  all  drawings  have,  for 
convenience,  been  prepared  without  regard  to  the  con- 
struction of  the  Railroad  in  sections.  All  of  the  specifi- 
cations and  drawings  shall,  so  far  as  applicable,  apply  to 
each  section  which  the  Contractor  shall  be  bound  to  con- 
struct. 


26.    TRADE   COMBINATIONS,   ETC. 

In  the  event  of  difficulty  arising  through  trade  com-    Contractor  pro- 

binations,  or  otherwise,  preventing  the  purchase  on  fair   tected  from 

trade   combma- 
terms,  as  determined  by  the  Board,  of  any  article  called  tions. 

for  by  these  specifications,  then  the  Board  may  upon  the 
request  of  the  Contractor  adopt  such  alternative  require- 
ments as  it  shall  deem  proper. 


1 62 


CHAPTER    III.— THE    LEASE. 

Description  of  The  City  hereby  lets  the  Railroad  to  the  Contractor 

Railroad. 

for  the  term  hereinafter  mentioned.  The  Railroad  here- 
by leased  includes  the  railway  constructed  under  the 
Routes  and  General  Plan  thereof  prescribed  by  the  reso- 
lutions of  the  Board  adopted  on  the  I4th  day  of  January 
and  the  4th  day  of  February,  1897,  together  with  ter- 
minals, stations  and  all  other  appurtenances  whatsoever 
of  the  said  Railroad,  but  not  including  the  Equipment 
thereof,  Provided,  however,  that  the  railroad  leased  shall 
be  deemed  to  include  only  Section  I  unless  and  until  the 
City  shall  determine,  as  prescribed  in  Chapter  I,  General, 
to  construct  Section  II,  whereupon  the  railroad  leased 
shall  be  deemed  to  include  only  Sections  I  and  II  unless 
and  until  the'  City  shall  determine,  as  prescribed  in  Chap- 
ter I,  General,  to  construct  Section  III,  whereupon  the 
railroad  leased  shall  be  deemed  to  include  Sections  I,  II 
and  III  unless  and  until  the  City  shall  determine,  as  pre- 


Chapter  III. — The  Lease.  163 

scribed  in  Chapter  I,  General,  to  construct  Section  IV, 
whereupon  the  railroad  hereby  leased  shall  be  deemed  to 
include  all  four  sections. 

The  Contractor  hereby  agrees  to  equip,  maintain  and  Term  of  Lease, 
operate  the  Railroad  during  the  whole  of  the  said  term. 
The  said  term  shall  be  fifty  (50)  years,  and  shall  run 
from  the  date  on  which  Section  I  of  the  Railroad  shall 
be  declared  by  the  Board  to  be  ready  for  operation,  pro- 
vided, however,  that,  if  the  Railroad  shall  include  Sec- 
tions II,  III  and  IV,  or  any  of  them,  the  term  of  the 
Lease  as  to  each  of  such  sections  so  included  shall  begin 
on  the  date  or  dates  on  which  it  shall  be  declared  by  the 
Board  to  be  ready  for  operation  and  shall  end  at  the  end 
of  the  said  first  mentioned  tern)  of  fifty  years. 

The  Contractor  shall  surrender  possession  of  the  Rail-   Contractor  to 

surrender    Posses- 
sion at  End  of 
road  at  the  end  of  the  said  term  of  fifty  years  or  at  the   Lease. 

earlier  termination  of  this  Lease,  as  herein  provided. 

The  Contractor  shall  pay  to  the  City  rental  for  the  Rail- 
road, which  rental  shall  consist  of  the  following : 

( i )   An  annual  sum  equal  to  the  annual  interest  payable  Rental- 
by  the  City  upon  all  bonds  which  shall  be  issued  by  it  in 


164  Chapter  III. — The  Lease. 

order  to  provide  means  for  Construction.  The  amount 
of  such  interest  shall  be  ascertained  as  of  the  time  when 
the  Railroad  shall  be  declared  by  the  Board  to  be  ready 
for  operation ;  but  it  shall  be  increased  from  time  to  time 
by  the  amount  of  the  annual  interest  payable  by  the  City 
for  all  bonds  which,  after  the  date  when  the  Railroad 
shall  be  so  declared  to  be  ready  for  operation,  shall  be 
issued  in  order  to  provide  means  for  Construction.  The 
amount  or  amounts  payable  under  this  subdivision  shall 
not  be  subject  to  decrease  by  reason  of  the  refunding  by 
the  City  at  lower  rates  of  interest  of  any  of  the  bonds 
issued  as  aforesaid.  Bonds  issued  in  order  to  provide 
means  for  Construction  shall  be  deemed  to  include  bonds 
issued  to  pay  interest  on  bonds  theretofore  issued  pur- 
suant to  this  Contract  under  the  provisions  of  section  34 
of  the  Rapid  Transit  Act;  but  shall  not  be  deemed  to  in- 
clude bonds  issued  to  pay  for  rights,  terms,  easements, 
privileges  or  property  other  than  lands  acquired  in  fee. 

(2)  A  further  annual  sum  which  shall  be  equal  to  one 
per  centum  upon  the  whole  amount  of  the  said  bonds 
(with  the  exceptions  above  mentioned)  except  that  the 


Chapter  III. — The  Lease.  165 

annual  payment  in  excess  of  such  interest  shall,  for  each 

year  during  the  period  oi  five  (5)  years  from  the  date  at 
which  the  payment  of  rental  shall  begin,  be  such  sum  not 
exceeding  such  one  (i)  per  centum  as  shall  be  equal  to 
the  excess  of  the  profits  of  the  Contractor  for  such  year 
in  the  operation  of  the  Railroad  over  five  (5)  per  centum 
upon  the  capital  of  the  Contractor  invested  in  the  enter- 
prise, and  except  further  that  for  each  year  during  a  sec- 
ond and  immediately  succeeding  period  of  five  (5)  years, 
there  shall,  in  lieu  of  such  one  per  centum,  be  paid  one- 
half  (l/2}  of  such  one  (i)  per  centum  and  in  addition  an 
amount  not  exceeding  one-half  (^2)  of  such  one  (i)  per 
centum  which  shall  be  equal  to  the  excess  of  the  profits 
of  the  Contractor  for  such  year  in  the  operation  of  the 
Railroad  over  five  (5)  per  centum  per  annum  upon  its 

capital  invested  as  aforesaid. 

The  Rental  shall  begin  as  to  each  Section  with  the  date 
of  the  declaration  of  the  Board  that  such  Section  is  ready 
for  operation  and  shall  be  payable  at  the  end  of  each  quar- 
ter on  the  first  days  of  January,  April,  July  and  October. 


During  the  first  ten  ( 10)  years  of  the  said  term  of  fifty  when  Contractor 

to  state  net  Pro- 
(50)    years,  the  Contractor  shall   deliver  to  the   Comp-  ceeds  of  Operation. 

troller  at  the  time  each  payment  of  Rental  is  due  a  state- 


166  Chapter  III. — The  Lease. 

ment  in  form  and  with  details  to  be  prescribed  by  the 
Board,  the  same  to  be  verified  under  oath  by  the  Con- 
tractor or  by  the  treasurer  of  the  Contractor,  or,  in  case 
of  his  absence  or  inability,  then  by  its  president,  or  other 
chief  officer  or  manager,  showing  for  the  preceding  quar- 
ter,— 

(1)  The  amount  of  Capital  of  the  Contractor  in- 
vested   in    the    enterprise    not    including    borrowed 
money  however  secured. 

(2)  The  gross  receipts  from  the  operation  of  the 
Road. 

(3)  The  operating  expenses  of  the  road  including 
actual  expenditure  for  repairs  and  maintenance  and 
interest  on  borrowed  money,  but  without  allowance 
otherwise  for  wear  or  tear  or  deterioration. 

The  profits  shall  be  determined  by  deducting  from  the 
gross  receipts  the  operating  expenses  as  above  defined. 

After  the  expiration  of  the  said  period  of  ten  ( 10)  years 
the  Contractor  shall  deliver  to  the  Comptroller  at  the 
quarterly  times  above  mentioned  a  statement  verified  as 


Chapter  III. — The  Lease.  167 

above  provided,  showing  its  gross  receipts  for  the  preced- 
ing quarter  from  the  operation  of  the  Road. 

The  Comptroller  or  the  Board  shall  have  the  right  to 
verify  any  of  the  said  statements  by  an  examination  of  the 
Contractor's  books  and  the  examination  under  oath  of  any 
of  its  officers  or  servants  ;  and  the  Contractor  hereby  cove- 
nants that  its  officers  and  servants  shall  submit  to  such 
examination  and  produce  such  books  whenever  and  wher- 
ever they  may  be.  reasonably  required  by  the  Board  or 

\ 
Comptroller. 

The  Contractor    by    Chapter  II  of  this    contract  has  Contractor's 

Assurance  of 
Character   of 
agreed  to  itself  construct  the  Railroad  so  that  the  same  Railroad. 

shall  be  an  intra-urban  railway  of  the  very  best  character 
according  to  the  highest  modern  standard,  in  respect  of 
safety,  speed  and  convenience  and  in  all  other  respects. 
The  Contractor  covenants  to  and  with  the  City  that  at  the 
time  or  times  the  Lease  shall  begin  the  said  Railroad  so 
far  as  declared  by  the  Board  ready  for  operation  shall  be 
a  railway  of  the  character  aforesaid  ready  for  immediate 
and  continuous  operation,  and  that  the  same  shall,  at  the 
time  of  the  commencement  of  the  said  term  or  terms,  be 
a  railway  in  all  respects  conforming  to  all  and  every  of 
the  requirements  of  the  Lease.  The  Contractor  admits 


Contractor   to 
observe  highest 
Standard  of 
Railway 
Operation. 


1 68  Chapter  III.— The  Lease. 

that  at  the  commencement  of -its  Operation  of  the  Rail- 
road under  the  Lease  it  will  have  a  complete  knowledge 
thereof  and  a  knowledge  ampler  than  that  of  the  City  or 
any  official  thereof.  The  Contractor  shall  at  no  time  and 
in  no  event  be  at  liberty  to  object  to  the  plans  or  specifi- 
cations upon  which  the  Railroad  has  been  constructed,  or 
the  manner  of  its  construction,  maintenance  or  operation. 

The  Contractor  covenants  to  and  with  the  city  that  the 
Contractor  will,  during  the  term  of  the  Lease,  operate  the. 
Railroad  carefully  and  skilfully  according  to  the  highest 
known  standards  of  railway  operation. 

It  further  covenants  to  do  all  the  things  which  in  this 
Contract  is  provided  that  it  shall  do. 


Trains,  their  The   Contractor   shall   run  trains   of  two  kinds,   local 

Speed,    Frequency, 

&c. 

trains  and  express  trains.     Ihe  local  trains  shall  be  run 

at  a  speed  on  the  average,  stops  at  stations  included,  of 
not  less  than  fourteen  (14)  miles  per  hour.  The  express 
trains  shall  be  run  on  the  average,  stops  at  stations  in- 
cluded, at  a  rate  of  not  less  than  thirty  (30)  miles  per 
hour.  The  Contractor  shall,  so  far  as  is  practicable,  meet 
all  reasonable  requirements  of  the  public  in  respect  of  fre- 
quency and  character  of  its  railway  service  to  the  full 


Chapter  III. — The  Lease.  169 

limit  of  the  capacity  of  the  Railroad.  Between  the  hours 
of  half-past  eleven  and  one  o'clock  at  night  and  between 
five  and  six  o'clock  in  the  morning  trains  shall  be  run  by 
the  Contractor  stopping  at  all  stations  at  intervals  of  not 
less  than  ten  (10)  minutes.  Between  the  hours  of  one 
o'clock  and  five  o'clock  in  the  morning  trains  shall  be 
run,  stopping  at  all  stations  at  intervals  of  not  less  than 
fifteen  (15)  minutes. 

The  Contractor  shall  operate  the  Railroad  with  the  Safety, 
highest  regard  to  the  safety  of  the  passengers  and  em- 
ployees thereof  and  of  all  other  persons.  Mechanical 
and  other  devices  for  safety  shall  be  of  the  very  best 
known  character.  The  Contractor  hereby  covenants  to 
and  with  the  City  that  it  will  save  the  City  harmless  of 
and  from  all  claims  of  every  nature  arising  from  injuries 
to  passengers,  employees  or  other  persons  by  reason  of 
negligence  on  the  part  of  the  Contractor  or  of  any  of  its 
employees,  and  all  other  claims  by  reason  of  operation  of 
the  Railroad,  except  those  against  which  the  City  by  this 
contract  assures  the  Contractor. 

The  Contractor  shall  during  the  term  of  the  Lease  keep   Repairs, 
the  Railroad  and  its  Equipment  and  each  and  every  part 


170  Chapter  III. — The  Lease. 

thereof  in  thorough  repair,  and  shall  restore  and  replace 
every  part  thereof  which  may  wear  out  or  cease  to  be 
useful,  so  that  at  all  times  and  at  the  termination  of  the 
Lease  the  Railroad  shall  be  in  thoroughly  good  and  solid 
condition  and  fully  and  perfectly  equipped  presently  ready 
for  continuous  and  practical  operation  to  the  full  limit  of 
its  capacity.  If  at  any  time  the  Board  or  its  Engineer 
shall  notify  the  Contractor  of  any  loss,  wear,  decay  or 
defect  in  the  Railroad  or  the  Equipment,  such  loss,  wear, 
decay  or  defect  shall  forthwith  be  completely  remedied 
by  the  Contractor  at  its  own  expense,  so  far  as  the  same 
interferes  or  is  inconsistent  with  the  thoroughly  good  or 
solid  condition  of  the  Railroad  or  its  Equipment  as  afore- 
said, or  with  the  continuous  or  practical  operation  thereof 
to  its  full  limit  as  aforesaid.  If  the  Contractor  shall  un- 
reasonably fail  or  refuse  to  so  forthwith  completely  rem- 
edy such  loss,  wear,  decay  or  defect,  the  Board  may  in 
such  manner,  whether  by  contract  or  otherwise,  as  it  may 
deem  proper,  procure  such  losss,  wear,  decay  or  defect  to 

be  supplied  and  remedied,  and  for  such  purpose  shall  be 
entitled,  so  far  as  it  shall  deem  necessary  or  convenient,  to 


Chapter  III. — The  Lease.  171 

enter  upon  the  premises ;  and  the  Contractor  shall  forth- 
with, upon  the  demand  of  the  Board,  pay  to  the  City  the 
entire  cost  incurred  by  the  City  in  supplying  such  loss  or 
wear  or  in  remedying  such  decay  or  defect. 

The  Contractor  shall  keep  the  stations,  tunnels  and  all  Contractor  to 

keep  Railroad  in 
good   Condition. 

other  parts  of  the  Railroad  clean,  free  from  unnecessary 
dampness,  and  in  that  and  in  all  other  respects  in  thor- 
oughly good  order  and  condition.  The  Contractor  shall 
promptly  remove  from  the  stations  and  their  approaches, 
including  the  sidewalks  immediately  adjoining  the  ap- 
proaches, all  ice  and  snow  and  all  other  obstructions  or 
hindrances. 

The  Contractor  shall  not  permit  advertisements  in  the   Advertisements 

etc.,  to  interfere. 

stations  or  cars  which  shall  interfere  with  easy  identifica- 
tion of  stations  or  otherwise  with  efficient  operation. 

The  Contractor  shall  suitably  and  thoroughly  light  and  ^^  cadrshe&c 
heat  the  stations  and  cars  of  this  Railroad ;  and  they  shall 
be  so  lighted  that  passengers  may  conveniently  read  there- 
in. Such  light  and  heat  shall  be  provided  by  electricity 
or  such  other  illuminating  and  heating  agent,  as  may  be 
approved  by  the  Board. 


172  Chapter  III. — The  Lease. 

Waiting  Rooms.  The  Contractor  shall  keep  the  waiting-rooms  in  clean 

and  comfortable  condition,  and  provide  therein  proper 
seating  capacity  and  good  drinking  water.  The  Con- 
tractor shall  provide  in  connection  therewith  sufficient 
and'  suitable  water-closets,  and  keep  the  same  in  sanitary 
condition. 

Ventilation.  The   Contractor   shall   cause   all  tunnels,   stations   and 

cars  of  the  Railroad  to  be  thoroughly  ventilated  with  pure 
air. 


Tunnels  to  be 
lighted. 


Motive  Power. 


The  Contractor  shall  keep  all  tunnels  sufficiently  lighted 
at  all  times  to  permit  the  tracks  and  walls  and  roofs  of  the 
tunnels  to  be  clearly  visible  for  inspection. 

The  motive  power  shall  be  electricity  or  compressed 
air,  which  shall  be  so  used  as  to  involve  no  combustion  in 
the  tunnels  or  any  injury  to  the  purity  of  the  air  in  the 
tunnels, — Provided,  however,  that,  if,  in  the  future  devel- 
opment of  the  railway  art,  any  method  of  generating  or 
transmitting  power  superior  to  electricity  and  involving 
no  combustion  or  other  injury  to  the  purity  of  the  at- 
mosphere in  the  tunnels  or  in  the  cars  shall  be  discovered 
to  be  practicable,  then  the  Contractor  shall  have  the  right 
to  adopt  such  different  method  if  approved  by  the  Board 


Chapter  III. — The  Lease.  173 

But  if  the  Contractor  shall  adopt  such  different  method, 
then  the  Contractor  shall  provide  and  maintain  equipment 
for  the  generation  and  transmission  of  power  by  such 
different  method  at  least  equal  in  completeness,  efficiency 
and  durability  to  the  Equipment  as  provided  to  be  used 
at  the  commencement  of  the  term  of  the  Lease.  Any 
such  change  of  motive  power  shall  be  made  only  upon 
general  and  detailed  plans  and  specifications  which  shall 
have  been  submitted  by  the  Contractor  to  the  Board  at 
least  two  (2)  months  before  any  such  change  shall  be 
made. 

The  Contractor  shall  at  all  times  provide  all  reasonab!e  Inspection, 
conveniences  for  the  inspection  of  the  Railroad  and 
Equipment  and  every  part  thereof  by  the  Board,  its  mem- 
bers, its  engineers  and  subordinates.  The  members  of 
the  Board,  its  engineers  and  subordinates  shall  at  any 
time  upon  its  authority  have  access  to  any  part  of  the 
Railroad  or  Equipment,  or  to  any  materials  therefor  in 
process  of  manufacture. 

The  Contractor  shall  at  all  times  provide,  in  quantities   Character  of 

Rolling  Stock. 

amply  sufficient  for  the  travel  to  the  full  capacity  of  the 
Railroad,  cars,  rolling  stock  and  other  parts  of  the  Equip- 
icnt  of  the  best  character  known  at  the  time  to  the  art 


174  Chapter  III. — The  Lease. 

of  intra-urban  railway  operation.  In  case  of  any  such 
neglect  the  Board  may,  upon  notice,  require  the  defect  to 
be  made  good ;  and,  if  the  defect  shall  not  forthwith  and 
upon  such  notice  be  made  good,  then  the  Board  shall  be 
at  liberty,  either  by  contract  or  otherwise  as  it  may  see 
fit,  to  make  good  such  defect ;  and  in  so  doing  the  Board 
shall,  so  far  and  for  such  time  as  may  be  necessary  or 
convenient,  be  entitled  to  enter  upon  or  take  possession  of 
any  part  of  the  Railroad  or  Equipment.  The  Contractor 
shall  forthwith  repay  to  the  City  the  cost  to  which  it  shall 
be  put  in  making  good  any  such  defect. 

The  Contractor  shall  at  all  times  keep  upon  the  Rail- 
road, cars,  motors  and  other  equipment  which  shall,  to  the 
limit  of  the  capacity  of  the  Railroad,  be  adequate  to  the  re- 
quirements of  the  travelling  public. 

Rolling  Stock  to         The   Contractor  shall,   before   the   declaration   of  the 
be  adequate. 

Board  that  the  Railroad  is  ready  for  operation  and  be- 
fore the  Contractor  shall  be  entitled  to  the  final  payment 
for  construction,  file  with  the  Board  in  duplicate  a  true 

schedule  of  the  Equipment  of  the  Railroad.     Such  sched- 
Schedules  of 

Equipment  to  be 

filed.  ule  shall  be  in  detail  and  shall  be  prepared  in  such  form 

as  may  be  prescribed  by  the  Board.     After  the  operation 


Chapter  HI. — The  Lease.  175 

of  the  Railroad  shall  have  been  begun  the  Contractor  shall 
within  thirty  days  after  the  first  day  of  January  and  the 
first  day  of  July  respectively  in  each  year  file  a  like  sched- 
ule showing  in  detail  all  of  the  Equipment  on  such  first 
day  of  January  or  first  day  of  July  respectively.  Every 
such  schedule  shall  be  verified  by  the  affidavit  of  the  gen- 
eral manager  or  other  officer  of  the  Contractor  who  shall 
be  in  the  general  care  and  control  of  the  Equipment,  and 
who  shall  in  such  affidavit  state  that  he  is  in  such  general 
care  and  control. 

The  Equipment  shall  be  kept  by  the  Contractor  in  thor- 

Equipment  to  be 
oughly  good  order  and  repair ;  and  the  Contractor  hereby  Qr^er"  g°°d 

expressly  covenants  to  and  with  the  City  that  the  Con- 
tractor will  not  at  any  time  within  three  (3)  years  before 
the  end  of  the  term  of  the  Lease  permit  the  Equipment  to 
be  less  in  quantity  or  inferior  in  quality  to  the  Equipment 
as  it  shall  have  been  at  any  prior  time  during  the  term 
of  the  Lease. 

The  lien  of  the  City  upon  the  Equipment  shall  be  appli-   City's  Lien  on 

Equipment. 

cable  to  all  Equipment  at  any  time  provided  by  the  Con- 
tractor during  the  term  of  the  Lease  in  like  manner  as  to 
the  Equipment  provided  by  the  Contractor  prior  to  the 
commencement  of  said  term. 


176  Chapter  III. — The  Lease. 

Freight  may  be  The  Contractor  may  use  the  Railroad  for  the  carriage 

carried. 

of  freight  or  express  matter,  Provided,  however,  that  such 
use  shall  not  to  any  extent  or  in  any  way  interfere  with  the 
use  of  the  Railroad  to  its  fullest  capacity  for  all  passengers 
who  shall  desire  to  be  carried  upon  it.  Nor  shall  the  Con- 
tractor make  any  use  of  the  Railroad  or  any  part  of  it  or 

of  its  Equipment  which  shall  to  any  extent  or  in  any  way 

t 

interfere  with  such  use  to  its  fullest  capacity  for  passen- 
gers. 

Fares.  The  Contractor  shall  during  the  term  of  the  Lease  be 

entitled  to  charge  for  a  single  fare  upon  the  Railroad  the 
sum  of  five  (5)  cents  but  not  more.  The  Contractor 
may  provide  additional  conveniences  for  such  passengers 
as  shall  desire  the  same  upon  not  to  exceed  one  (i)  car 
upon  each  train,  and  may  collect  from  each  passenger  in 
such  car  a  reasonable  charge  for  such  additional  conven- 
ience furnished  him,  provided  that  the  amount  to  be 
charged  therefor  and  the  character  of  such  additional  con- 
venience shall  from  time  to  time  be  subject  to  the  approval 
of  the  Board.  The  Contractor  may  provide  not  to  exceed 
one  ( i )  car  in  each  train  for  persons  smoking. 


Chapter  III. — The  Lease.  177 

If  the  Contractor  shall  default  in  paying  the  rental  here-    Powers  of  City 

on  Default  of 
Contractor, 
in  provided  or  shall  fail  to  observe,  keep  and  fulfill  the 

conditions,  obligations  and  requirements  of  the  Lease  or 
any  of  them,  the  City  shall  have  all  the  remedies  provided 
in  that  case  by  Chapter  I.  of  this  contract. 

At  the  termination  of  the  Lease,  (or  if  the  same  shall.   City  to  buy 

Contractor's 
Property  at  End 
at  any  time  not  less  than  one  (i)  year  before  the  expira-   Of  Term. 

tion  of  the  term  of  the  present  lease, — be  renewed  by 
agreement  between  the  City  and  the  Contractor,  then  upon 
the  expiration  of  said  renewal  thereof)  the  City  shall  buy 
and  the  Contractor  shall  sell,  the  whole  of  the  property  of 
the  Contractor  employed  in  and  about  the  equipment, 
maintenance  and  operation  of  the  Railroad.  The  right  of 
the  City  so  to  buy  shall  be  protected  by  its  lien  upon 
Equipment  as  aforesaid.  Such  purchase  and  sale  shall 
be  at  a  reasonable  price,  due  regard  being  had  to  the  con- 
dition, wear  and  tear  of  the  property.  Such  price  may- 
be fixed  by  agreement  between  the  Board  and  the  Con- 
tractor ;  but  if  they  shall  not  agree  then  such  price  shall  be 
fixed  by  arbitration,  or,  if  either  party  shall  object  to  ar- 
bitration, or  if  the  terms  or  procedure  of  arbitration  shall 


178  Chapter  III. — The  Lease. 

not  be  agreed  upon,  or  if  the  arbitration  shall  fail, — then 
by  appropriate  suit  or  proceeding  in  the  Supreme  Court 
of  this  State.  The  City  shall  have  the  right  at  the  ter- 
mination of  the  Lease,  whether  or  not  the  price  shall  have 
been  ascertained  or  paid,  to  take  possession  and  use  and 
operate  all  such  property  of  the  Contractor,  but  subject, 
however,  to  its  liability  to  pay  the  value  thereof  to  be 
ascertained  as  aforesaid  with  interest  from  the  time  of  tak- 
.  ing  possession. 


Lease   when  ^he  Lease  shall  not  be  assignable  by  the  Contractor 

Assignable.  • 

without  the  written  consent  of  the  Board  concurred  in  by 

six  (6)  of  its  members. 


Right  to  Renewal.  Upon  the  written  demand  of  the  contractor  or  its  lawful 
assignee  delivered  to  the  Board  not  more  than  two  (2) 
years  and  not  less  than  one  ( I )  year  before  the  expiration 
of  the  term  of  this  Lease,  the  Contractor  shall  be  entitled 
to  a  renewal  hereof  for  the  term  of  twenty-five  (25)  years. 
Such  renewal  lease  shall  be  in  the  same  form  as  this  lease 
except  that,  in  lieu  of  the  term  or  terms  of  duration  of 
this  lease,  such  renewal  lease  shall  be  for  the  term  of 
twenty-five  (25)  years  from  the  date  of  the  expiration  cf 


Chapter  III. — The  Lease.  179 

this  lease,  and  except  further  that  such  renewal  lease  shall 
contain  no  provision  for  a  renewal  and  except  further 
that  the  amount  of  the  annual  rental  shall  be  an  amount 
not  less  than  the  average  amount  of  the  annual  rental  for 
the  ten  (10)  calendar  years  of  the  lease  next  preceding 
the  Contractor's  demand  for  renewal,  and  that  the  amount 
of  such  rental,  subject  to  such  minimum  limit,  shall  be 
agreed  upon  between  the  Board  and  the  Contractor  or  its 
assignee  or,  if  they  shall  not  agree,  then  the  amount  of 
such  rental  shall,  subject  to  such  minimum,  be  fixed  by 
arbitration  or,  if  either  party  shall  object  to  arbitration 
or,  if  the  terms  of  procedure  shall  not  be  agreed  on  or  if 
the  arbitration  shall  fail,  then  by  an  appropriate  suit  or 
proceeding  in  the  Supreme  Court  of  this  State. 


i8o 

In  WitnCSS  WbCrCOf  this  contract  has  been 
executed  for  the  CITY  OF  NEW  YORK  by  its  BOARD  OF 
RAPID  TRANSIT  RAILROAD  COMMISSIONERS  under  and  by 
a  resolution  duly  adopted  by  the  said  Board,  and  the  seal 
of  the  said  BOARD  has  been  hereto  affixed  and  these  pres- 
ents signed  by  the  President  and  Secretary  of  the  said 
BOARD  ;  and  the  CONTRACTOR  has  hereto  set  his  hand  and 
seal  the  day  and  year  first  above  written. 

THE    BOARD    OF    RAPID    TRANSIT    RAIL- 
ROAD COMMISSIONERS, 

by  A.  E.  ORR, 
[SEAL.]  PRESIDENT. 

ATTEST  : 

BION  L.  BURROWS, 
SECRETARY. 

JNO.  H.  STARIN, 
WOODBURY  LANGDON, 
G.  L.  RIVES, 

CHAS.  STEWART  SMITH, 
MORRIS  K.  JESUP, 

ROBT.  A.  VAN  WYCK, 
MAYOR  OF  THE  CITY  OF  NEW  YORK. 

BIRD  S.  COLER, 

COMPTROLLER  OF  THE  CITY  OF  NEW 
YORK.  . 

[SEAL.]  JOHN  B.  McDONALD. 


STATE  OF  NEW  YORK,    \ 
COUNTY  OF  NEW  YORK.  > 

On  this  24th  day  of  February,  1900,  at  the  said  city, 
before  me  personally  appeared  Alexander  E.  Orr  and 
Bion  L.  Burrows,  to  me  known  and  known  to  me  to  be, 
the  said  Alexander  E.  Orr,  the  President,  and  the  said 
Bion  L.  Burrows,  the  secretary  of  the  Board  of  Rapid 
Transit  Railroad  Commissioners  of  the  City  of  New  York  ; 
and  the  said  Alexander  E.  Orr  and  Bion  L.  Burrows,  be- 
ing by  me  duly  sworn,  did  depose  and  say,  each  for  him- 
self and  not  one  for  the  other,  the  said  Alexander 'E.  Orr, 
that  he  resided  in  the  Borough  of  Brooklyn,  in  the  said 
City,  that  he  was  the  president  of  the  said  Board  and 
chat  he  subscribed  his  name  to  the  foregoing  contract  by 
virtue  of  the  authority  thereof ;  and  the  said  Bion  L.  Bur- 
rows that  he  resided  in  the  Borough  of  Brooklyn,  in  the 
said  City  of  New  York,  that  he  was  the  secretary  of  the 
said  Board,  and  that  he  subscribed  his  name  thereto  by 
like  authority ;  and  both  the  said  Alexander  E.  Orr  and 
Bion  L.  Burrows  that  they  knew  the  seal  of  the  said  Board 
and  that  the  same  was  affixed  to  the  foregoing  instrument 
by  the  authority  of  the  said  Board  and  of  a  resolution 
duly  adopted  by  the  same. 


1 82 

And  on  the  same  day,  at  the  said  county,  before  me 
duly  appeared  John  B.  McDonald,  to  me  known  and 
known  to  me  to  be  the  person  and  Contractor  named  in 
and  who  executed  the  foregoing  contract,  and  acknowl- 
edged to  me  that  he  executed  the  same. 

A.  W.  ANDREWS  (36), 


Notary  Public, 


Notarial 
Seal. 

N.  Y.  Co. 


Invitation  to  Contractors. 

OFFICE  OF  THE  BOARD  OF  RAPID  TRANSIT  } 
RAILROAD  COMMISSIONERS  OF  THE  CITY  v 
OF  NEW  YORK,  J 

No.  32O  Broadway,  New  York  City, 

,  189V. 

The  City  of  New  York  (hereinafter  called  the  City), 
acting  by  its  Board  of  Rapid  Transit  Railroad  Commis- 
sioners, proposes  to  build  a  rapid  transit  railroad  in  the 
City  of  New  York.  By  this  advertisement  the  Board  in- 
vites proposals  to  construct  the  railroad,  to  equip  the 
same,  to  put  the  same  into  operation  and  thereafter  to  use 
and  operate  the  same  upon  a  lease  thereof  from  the  City 
for  the  term  of  fifty  (50)  years  with  a  right  to  a  renewal 
of  the  lease  for  a  further  term  of  twenty-five  (25)  years, 
all  upon  the  terms  and  conditions  set  forth  in  the  draft  of 
Contract  hereinafter  referred  to. 

Payments  to  the  Contractor  will  be  made  for  construc- 
•   tion  as  the  work  proceeds  as  provided  in  the  form  of  con- 
tract. 

The  annual  rental  to  be  paid  by  the  Contractor  under 
such  lease,  after  completion,  will,  except  as  provided  in 
the  contract  amount  to  the  interest  paid  by  the  City  on  its 
bonds  for  cost  of  construction  (including  interest  during 


184  Invitation  to  Contractors. 

construction,  but  excluding  bonds  issued  to  pay  for  ease- 
ments and  the  like),  and  in  addition  one  (i)  per  cent,  on 
such  cost  of  construction  with  provision  for  contingent 
abatement  or  reduction  of  such  one  (i)  per  cent,  during 
the  first  ten  (10)  years  of  the  lease,  and,  in  addition,  if 
the  Proposal  of  the  Contractors  shall  so  state,  in  years 
when  the  gross  receipts  from  the  operation  of  the  road 
exceed  Five  million  dollars  ($5,000,000),  a  sum  equal  to 
the  percentage  of  such  excess  stated  in  such  Proposal. 

The  points  within  the  City  of  New  York  between  which 
the  said  road  is  to  run  and  the  route  or  routes  to  be  fol- 
lowed are  as  follows,  namely :  From  the  corner  of  Broad- 
way and  Park  Row  under  Park  Row  to  Centre  street; 
under  Centre  street  to  new  Elm  street ;  under  new  Elm 
street  to  Lafayette  Place;  to  and  under  Fourth  avenue 
and  Park  avenue  to  Forty-second  street;  under  Forty- 
second  street  to  Broadway ;  under  Broadway  to  Fifty- 
ninth  street;  under  Broadway  (formerly  the  Boulevard) 
to  One  hundred  and  twenty-fourth  street ;  then  by  viaduct 
to  One  hundred  and  thirty-fourth  street ;  under  Broadway 
and  Eleventh  avenue  to  a  point  about  1350  feet  north  of 
One  hundred  and  ninetieth  street ;  to  the  southeast  end  of 


Invitation  to  Contractors.  185 

Ellwood  street;  over  Ellwood  street,  Kingsbridge  RoaJ 
and  Riverdale  avenue  to  Kingsbridge  Station  of  the  New 

York  and  Putnam  Railroad,  together  with  a  loop  under 
City  Hall  Park  and  Broadway,  connecting  Qentre  street 

and  Park  Row  ;  and  a  Branch  as  follows :  Running  from 
One  hundred  and  third  street  to  and  under  One  hundred 
and  fourth  street,  crossing  Central  Park,  to  Lenox  ave- 
nue and  One  hundred  and  tenth  street ;  under  Lenox  ave- 
nue to  One  hundred  and  forty-second  street;  easterly  to 
and  under  the  Harlem  River,  to  and  under  One  hundred 
and  forty-ninth  street  to  Third  avenue ;  to  and  under  and 
by  viaduct  along  Westchester  avenue  to  Southern  Boule- 
vard ;  to  Boston  Road  and  Bronx  Park. 

The  general  method  of  construction  shall  be  such  as  to 
provide  for  the  portion  of  the  route  on  the  loop  south  of 
the  City  Hal-1  and  for  the  portions  of  the  route  on  both  the 
east  and  the  west  side  lines  north  of  One  hundred  and 
third  street,  two  (2)  tracks,  and  for  the  portion  of  the 
route  between  the  City  Hall  loop  and  One  hundred  and 
third  street,  four  (4)  tracks.  These  tracks  shall  be  of 
the  standard  gauge,  that  is  to  say,  of  a  width  of  four  (4) 
feet  eight  and  one-half  (8^)  inches  between  the  rails. 
The  roof  of  the  tunnel  shall  be  as  near  the  surface  of  the 


1 86  Invitation  to  Contractors. 

street  as  street  conditions  will  permit,  and  is  to  have  a 
height  of  not  less  than  thirteen  (13)  feet  in  the  clear  and 
with  a  maximum  width  in  the  clear,  except  as  influenced 
by  local  conditions,  of  fifty  (50)  feet  where  there  are 
four  (4)  tracks  and  twenty-five  (25)  feet  where  there 
are  two  (2)  tracks.  There  shall  also  be  suitable  stations, 
turnouts,  switches  and  cross-overs.  The  portion  of  the 
route  underground  shall  be  constructed  with  steel  girders, 
with  brick  or  concrete  arches  or  masonry  walls  and  arched 
roof.  The  viaduct  portions  shall  be  of  steel  and  masonry. 
The  manner  of  construction  of  the  portions  underground 
shall  be  by  tunneling  or  open  excavation. 

The  Railroad  is,  for  the  purposes  of  the  contract,  divid- 
ed into  four  sections :  Section  I,  including  the  part  from 
the  southern  terminus  at  the  City  Hall  to  59th  street ;  Sec- 
tion II,  including  (a)  the  part  on  the  west  side  from 
59th  street  to  I37th  street,  and  (b)  the  part  on  the  east 
side  beginning  with  the  branch  at  iO3rd  street  and  the 
Boulevard,  and  extending  to  13  5th  street  and  Lenox  ave- 
nue; Section  III,  including  (a)  the  part  on  the  west  side 
from  1 37th  street  to  Fort  George,  and  (b)  the  part  on  the 
east  side  from  13 5th  street  to  Melrose  avenue  ;  and  Section 


Invitation  to  Contractors.  187 

IV,  including  (a)  the  part  on  the  west  side  north  of  Fort 
George,  and  (b)  the  part  on  the  east  side  north  of  Melrose 
avenue.  The  City  expects  that  the  entire  Railroad,  that 
is  to  say,  all  of  such  four  (4)  sections,  will  be  constructed 
and  operated.  But  the  City  desires  to  restrict  its  entire 
pecuniary  liability  for  rapid  transit  at  any  one  time  within 
the  limits  deemed  consistent  with  its  other  obligations  and 
interests.  The  Railroad  is,  therefore,  to  be  constructed 
and  equipped  in  sections.  The  Contractor  shall  begin 
with  Section  I.  If  and  when,  within  one  (i)  year  after 
the  commencement  of  work  on  Section  I  the  City  shall  so 
elect,  the  Contractor  shall  construct  Section  II.  If  and 
when,  after  the  commencement  of  Section  II,  and  within 
two  (2)  years  from  the  commencement  of  Section  I,  the 

City  shall  so  elect,  the  Contractor  shall  construct  Section 
III.  If  and  when  after  the  commencement  of  Section  III 
and  within  three  (3)  years  after  the  commencement  of 
Section  I  the  City  shall  so  elect,  the  Contractor  shall  con- 
struct Section  IV.  The  Railroad  shall,  so  far  as  concerns 
the  rights  and  obligations  of  the  parties  under  the  con- 
tract, be  deemed  to  include  only  Section  I,  and  in  addi- 


i88  Invitation  to  Contractors. 

tion  the  other  of  Sections  II,  III  and  IV,  which  the  City 
shall  determine  to  construct  within  the  limits  of  time 
aforesaid. 

The  term  of  years  for  which  the  contract  is  proposed 
to  be  made  extends  for  fifty  (50)  years  after  the  comple- 
tion of  the  road  and  its  readiness  for  operation  as  declared 
by  the  Board,  with  an  option  to  the  Contractor  to  extend 
the  lease  for  twenty-five  (25)  years  at  a  rental  to  be  fixed 
as  in  the  contract  provided,  but  not  less  than  the  average 
rental  for  the  last  ten  (10)  calendar  years  before  the  Con- 
tractor's demand  for  renewal. 

Other  requirements,  provisions,  details  and  specifica- 
tions are  stated  in  the  printed  form  of  contract  now  on 
file  at  the  office  of  the  Chief  Engineer  of  the  Rapid  Tran- 
sit Board,  No.  22  William  Street,  New  York  City,  where 
copies  of  the  same  and  of  the  forms  of  bonds  and  con- 
tractor's proposal  may  be  had.  Such  printed  form  of 
contract  is  to  be  deemed  part  of  this  Invitation. 

Sealed  bids  or  proposals  for  the  construction  and  leas- 
ing of  such  rapid  transit  road  endorsed:  "Proposals  for 
"constructing  and  leasing  Rapid  Transit  Railroad"  with 
the  name  of  the  person  or  persons,  corporation  or  cor- 
porations making  the  same  will  be  received  at  the  said 
office  of  the  Board  at  No.  320  Broadway,  Borough  of 
Manhattan,  New  York  City,  until  the  I5th  day  of  Janu- 


Invitation  to  Contractors.  189 

ary,  1900,  at  12  o'clock  noon,  at  which  time  or  at  a  later 
date  to  be  fixed  by  the  Board,  the  proposals  will  be  pub- 
licly opened  at  the  said  office  and  the  award  of  the  con- 
tract, if  awarded,  will  thereafter  and  within  thirty  (30) 
days  after  the  opening  of  the  bids  be  made  by  the  Board 
to  the  person  or  persons,  corporation  or  corporations,  if 
any,  whose  proposal  shall,  in  its  opinion,  be  for  the  best  in- 
terest of  the  City.  The  bidder  or  bidders  whose  proposal 
shall  be  accepted  shall  in  person  or  by  duly  authorized 
representative  attend  at  the  said  office  of  the  Board  within 
ten  ( 10)  days  after  the  notice  of  a  'delivery  by  the  Board 
and  deliver  a  contract  in  the  form  referred  to  duly  exe- 
cuted. 

At  the  time  of  the  delivery  of  the  contract  the  Con- 
tractor shall  give  security  as  follows: 

(1)  By  deposit  of  One  million  dollars  ($1,000,000)  in 
cash  or  in  securities  of  the  character  of  securities  in  which 
savings  banks  of  this  State  may  invest  their  funds  and 
which  securities  shall  be  approved  by  the  Board.     Such 
One  million  dollars    ($1,000,000)    shall  be  security  for 
construction. 

(2)  By  a  continuing  bond  in  the  penalty  of  One  million 
dollars    ($1,000,000)    to   secure   construction,   operation, 


190  Invitation  to  Contractors. 

payment  of  rental  and  all  other  obligations  of  the  Con- 
tractor. 

(3)   By  a  bond  in  the  penalty  of  Five  million  dollars 

($5,000,000)  to  secure  construction  and  equipment. 
/ 

The  forms  of  the  bonds  are  prescribed  in  the  Contract. 

In  case  of  failure  or  neglect  so  to  execute  and  deliver 
the  contract  and  required  bonds  and  make  the  required 
deposit,  such  bidder  or  bidders  will,  at  the  option  of  the 
Board,  be  deemed  either  to  have  made  the  contract  or  to 
have  abandoned  the  contract. 

In  the  latter  case  the  Board  shall  give  notice  thereof 
to  the  bidder  or  bidders.  And  the  Board  may  thereupon 
proceed  to  make  another  contract  with  such,  if  any,  of  the 
original  bidders,  as,  in  the  opinion  of  the  Board,  it  will  be 
to  the  best  interest  of  the  City  to  contract  with,  or  may  by 
new  advertisement  as  originally  made,  invite  further  pro- 
posals. The  defaulting  bidder  or  bidders  shall  thereupon 
be  liable  to  the  City  for  all  loss  and  damage  by  it  sus- 
tained, including  the  excess,  if  any,  of  the  amount  it  shall 
pay  any  other  contractor  over  the  amount  of  the  bid  of 
such  defaulting  bidder  or  bidders,  and  without  abatement 


Invitation  to  Contractors.  191 

by  reason  of  any  increase  of  Rental  which  such  excess 
may  produce  to  the  City,  which  damages  are  hereby  liqui- 
dated at  One  hundred  and  fifty  thousand  dollars 
($150,000). 

Bidders  shall  specify  separately  the  amount  of  the  bid 
in  each  of  the  following  four  cases:  (i)  When  the  Rail- 
road shall  consist  only  of  Section  I ;  (2)  When  the  Rail- 
road shall  consist  of  Sections  1  and  II;  (3)  When  the 
Railroad  shall  consist  of  Sections  i,  II  and  III ;  and  (4) 
When  the  Railroad  shall  consist  of  Sections  I,  II,  III, 
and  IV. 

Bidders  shall  specify  in  their  proposals  the  estimate  of 
the  cost  of  the  equipment  of  the  railroad  upon  which  the 
proposal  is  based.  The  equipment  includes  all  motors, 
cars,  whether  used  for  passengers,  freight,  express  or  any 
other  purpose,  and  all  other  rolling  stock,  all  boilers,  en- 
gines, wires,  ways,  conduits,  mechanisms,  machinery, 
power-houses,  all  real  estate  upon  which  any  such  power- 
houses shall  stand  or  which  shall  be  necessary  for  the  gen- 
eration or  transmission  of  motive  power,  and  all  tools,  im- 
plements and  devices  of  every  nature  whatsoever  used  for 
such  generation  or  transmission  of  motive  power,  and 


192  Imitation  to  Contractors. 

also  all  apparatus  and  devices  for  lighting,  signalling  and 

ventilation. 

Work  must  be  begun  under  the  contract  within  thirty 
days  after  it  shall  be  executed  and  delivered. 

Each  proposal  shall  be  enclosed  in  a  sealed  envelope 
and  delivered  to  the  Board  or  to  its  secretary ;  and  in  the 
presence  of  the  person  offering  the  proposal  it  shall  be 
deposited  in  a  sealed  box  in  which  all  proposals  shall  be 
deposited.  No  proposal  will  be  received  or  deposited  un- 
less accompanied  by  a  certified  check  drawn  upon  a  na- 
tional or  state  bank  within  the  City  of  New  York,  payable 
to  the  order  of  the  Comptroller  of  the  City  of  New  York 
for  the  sum  of  One  hundred  and  fifty  thousand  dollars 
($150,000).  If  the  Board  shall,  by  notice  to  any  bidder, 
accept  his  or  its  proposal  and  if  the  bidder  shall  fail  within 
ten  ( 10)  days  thereafter  or  within  such  further  period,  if 
any,  as  may  be  prescribed  by  the  Board,  to  duly  execute 
and  deliver  the  contract  and  the  two  bonds  with  sureties 
and  make  the  deposit  of  One  million  dollars  ($1,000,000), 
then  this  Invitation  to  Contractors  and  the  proposal  ac- 
cepted as  aforesaid  shall  be  a  contract  binding  the  bidder 


Invitation  to  Contractors.  193 

to  pay  to  the  City  the  damages  by  it  sustained  by  reason 
of  such  failure,  and  in  such  case  the  bidder  hereby  abso- 
lutely assigns  to  the  City  the  ownership  of  such  One  hun- 
dred and  fifty  thousand  dollars  ($150,000)  in  payment  of 
such  damages.  Such  check  must  not  be  enclosed  in  the 
sealed  envelope  containing  the  proposal,  but  must  be  sep- 
arately delivered  to  the  Board  or  to  its  secretary,  who  will 
give  a  proper  voucher  for  the  deposit.  All  such  deposits 
made  by  bidders  whose  proposals  shall  not  be  accepted  by 
the  Board  will  be  returned  to  the  person  or  persons  mak- 
ing the  same  within  five  (5)  days  after  the  contract  shall 
be  executed  and  delivered.  The  deposit  of  the  successful 
bidder  shall  be  returned  when  the  contract  is  executed  and 
its  provisions  as  to  security  complied  with  by  him. 

The  price  stated  for  construction  shall  include  the  fur- 
nishing of  all  materials  and  the  performance  of  all  labor 
requisite  to  the  complete  construction  and  equipment  of 
the  proposed  Rapid  Transit  Railroad,  including  all  sewer 
and  street  construction  and  reconstruction  and  other  work 
caused  by  or  incidental  to  the  construction  of  the  railway 
as  set  out  in  the  proposed  form  of  contract  and  specifica- 


104  Invitation   to  Contractors. 

tions.  The  equipment  when  completely  delivered  shall, 
however,  be  the  property  of  the  Contractor,  but  subject  to 
a  lien  of  the  City  to  secure  performance  by  the  Contractor 
of  its  obligations  under  the  contract,  including  payment 
of  rental  under  the  lease  during  its  entire  term. 

Proposals  shall  be  in  the  form  prescribed  by  the  Board, 
copies  of  which  may  be  obtained  from  the  Chief  Engineer. 

The  Railroad  is  to  be  operated  by  the  Contractor  after 
it  is  completed  for  the  period  aforesaid,  and  the  Contrac- 
tor is  to  pay  to  the  City  rental  therefor  as  prescribed  in 
the  contract. 

Bidders  must  state  in  their  proposals  the  names  and 
places  of  business  of  their  proposed  sureties. 

Bidders  whose  proposals  are  otherwise  satisfactory  to 
the  Board  may  in  case  the  sureties  named  by  them  are  not 
approved  by  the  Board,  substitute  in  their  proposals  the 
names  of  new  Sureties  approved  by  the  Board. 

Bidders  must  state  in  their  proposals  their  names,  places 
of  residence,  and  the  names  of  all  persons  interested  with 
them  in  the  proposal,  either  directly  or  indirectly ;  and,  if 
the  bidder  shall  be  a  corporation,  then  there  shall  be  sub- 


Invitation  to  Contractors.  195 

mitted  a  certified  copy  of  its  certificate  of  incorporation, 
with  a  certificate  of  the  amount  of  stock  paid  in  in  cash ; 
and  the  names  and  business  addresses  of  all  officers  and 
directors  of  the  corporation  shall  be  stated.  No  bidders 
shall  make  a  proposal  in  connection  with  any  other  bid- 
der ;  and  the  proposal  shall  so  state  and  shall  also  state 
that  the  proposal  is  in  all  respects  fair  and  without  col- 
lusion or  fraud.  No  member  of  the  Board  or  of  the 
Municipal  Assembly  of  New  York  or  head  of  a  depart- 
ment, chief  of  a  bureau,  deputy  thereof,  clerk  therein,  or 
any  officer  or  employee  of  the  City  or  of  the  Board  shall 
be  either  directly  or  indirectly  or  actually  or  contingently 
interested  in  the  proposal  or  in  any  supplies  or  work  to 
which  it  relates,  or  any  portion  of  the  profits  thereof,  and 
the  proposal  shall  so  state. 

No  proposal  will  be  allowed  to  be  withdrawn  for  any 
reason  whatever  after  it  shall  have  been  deposited  with 
the  Board. 

The  Board  reserve  the  right  to  reject  the  proposal  of 
any  person  who  is  in  arrears  to  the  City  upon  any  bid  or 
contract,  or  who  is  in  default  as  surety  or  otherwise  in 
any  obligation  to  that  corporation. 


196  Invitation  to  Contractors. 

The  proposal  shall  be  signed  and  also  verified  by  an 
affidavit  of  the  bidder  (or  if  it  be  a  corporation  then  by 
the  president  thereof)  to  the  effect  that  the  several  mat- 
ters therein  stated  are  in  all  respects  true. 

Each  bidder  shall  in  his  or  its  proposal  specify  an  office 
within  the  City  of  New  York  at  which  notices  may  be  de- 
livered; and  delivery  of  a  notice  at  such  office  shall  be 
deemed  a  sufficient  delivery  and  notice  to  such  bidder. 

The  Board  may  reject  any  or  all  proposals  if  the  Board 
shall  deem  it  to  the  interest  of  the  City  so  to  do. 

THE    BOARD    OF    RAPID   TRANSIT    RAIL- 
ROAD COMMISSIONERS, 

By 

A.  E.  ORR, 

PRESIDENT. 

BION  L.  BURROWS, 

SECRETARY. 


197 


Contractor's  Proposal. 

To    the   Board    of   Rapid    Transit   Railroad 
Commissioners  of  the  City  of  New   \ork: 

NOTE. — Sums  of  money  must  be  written  in  words  and 
also  stated  in  figures. 

The  undersigned, 

do      hereby  in  pursuance  of 

the  Invitation  of  Contractors  made  by  your  Board,  a 
copy  of  which  is  hereto  annexed,  propose,  according  to 
the  terms  thereof  and  of  the  form  of  Contract  therein 
referred  to,  to  fully  construct  the  Rapid  Transit  Railroad 
therein  mentioned  (and  hereinafter  called  the  Railroad), 
and  to  equip  the  same  completely  ready  for  immediate  and 
continuous  operation,  for  the  following  sum  or  sums  of 
money:  If  the  Railroad  shall  consist  only  of  Section  I, 
then  for  the  sum  of 

Dollars  ($  ), 

or  if  it  shall  consist  only  of  Sections  I  and  II,  then  for 
the  sum  of 

Dollars   ($  );  or  if  it  shall  consist  of  only 

Sections  I,  II  and  III,  then  for  the  sum  of 

Dollars  ($  ), 

or  if  it  shall  include  all  four  (4)  sections,  then  for  the 
sum  of 


198  Contractor's  Proposal. 

Dollars   ($  )  ;  and,  in  addition  to  the  fore- 

going, the  sum  of  One  million  dollars  ($1,000,000)  fox- 
terminals  ;  and,  further,  in  addition  to  the  foregoing,  a 
sum  for  real  estate  as  follows :  If  the  Railroad  shall  con- 
sist only  of  Section  I,  the  sum  of  One  hundred  and  sev- 
enty thousand  dollars  ($170,000)  ;  if  only  of  Sections  I 
and  II,  the  sum  of  Three  hundred  and  seventy  thousand 
dollars  ($370,000)  ;  if  only  of  Sections  I,  II  and  III,  the 
sum  of  Four  hundred  and  sixty  thousand  dollars  ($460,- 
ooo)  ;  and,  if  the  Railroad  include  all  four  (4)  sections, 
then  the  sum  of  Five  hundred  thousand  dollars  ($500,- 
ooo),  Provided,  however,  that  these  sums  are  subject  to 
modification  as  provided  in  the  said  form  of  contract,  and 
to  be  paid  as  therein  provided.  And  the  undersigned 
do  further  propose  according  to  the  terms  of  the  said 
Invitation  and  Contract,  that  after  the  Railroad  shall  have 
been  declared  by  your  Board,  to  be  ready  for  operation, 
the  undersigned  shall  use  and  operate  the  Railroad  upon 
lease  from  the  City  of  New  York  (hereinafter  called  the 
City),  for  fifty  (50)  years  after  such  declaration,  and  to 
pay  rental  therefor  as  provided  in  the  said  form  of  con- 
tract, Provided,  however,  [*that  the  percentage  of  gross 

*Onlv  one  of  the  forms  in  brackets  to  be  used. 


Contractor's  Proposal.  199 
receipts  above  Five  million  dollars  ($5,000,000)  to  be  in- 
cluded in  rental  shall  be per  cent.] 

[that  no  percentage  of  gross  receipts  shall  be  addition- 
ally included  in  rental.] 

The  undersigned  do  hereby  propose  to  make  a  con- 
tract with  the  City  in  the  form  referred  to  in  the  Invi- 
tation to  Contractors  and  hereto  annexed. 

The  undersigned  will  if  this  Proposal  shall  be  accepted, 
forthwith  execute  such  contract  with  the  City  (acting  by 
your  Board)  and  at  the  time  of  such  execution  will  deposit 
pursuant  and  subject  to  the  terms  thereof* 


with  the    Comptroller  of  the  City  of    New    York,  and 
will  also  at  the  time  of  such  execution  deliver  to  the  Comp- 


*Here  insert  either  the  words  "the  sum  of  One  million  dollars 
($1,000,000)."  or  the  words  "securities  of  which  a  schedule  is 
hereto  annexed  entitled  'Schedule  of  Securities,'  such  securities 
being  of  the  value  of  One  million  dollars  ($1,000,000)." 


2OO  Contractor's  Proposal. 

troller  the  Continuing  Bond  for  One  million  dollars 
($1,000,000)  therein  required  and  being  in  the  form  here- 
to annexed  and  with  the  following  sureties: 


And  also  the  Bond  for  Construction  and  Equipment  for 
Five  million  dollars  ($5,000,000)  therein  required  and 
being  in  the  form  hereto  annexed  and  with  the  following 
sureties : 


Your  Board  may  cause  any  notice  intended  for  the 
undersigned  to  be  delivered  at  Room  No.  on 

the  floor  of  the  building  No. 

street  in  the  City  of  New  York.  Such  delivery  shall  be 
sufficient  notice  to  the  undersigned. 

At  the  time  of  delivering  this  proposal  to  the  secre- 
tary of  your  Board  the  undersigned  separately  delivers 
to  the  secretary  a  certified  check  drawn  upon  the  bank 
of 

of  the  City  of  New  York  payable  to  the  order  of  the 
Comptroller  of  the  City  of  New  York  for  the  sum  of 
One  hundred  and  fifty  thousand  dollars  ($150,000).  If 


Contractor's  Proposal.  201 

your  Board  shall  by  notice  to  the  undersigned  as  aforesaid 
accept  this  Contractor's  Proposal,  then,  if  the  under- 
signed shall  fail  within  ten  ( 10)  days  thereafter  or  within 
such  longer  period  as  may  be  prescribed  by  your  Board, 
to  make  the  deposit  of  One  million  dollars  ($1,000,000) 
aforesaid,  or  to  procure  the  two  (2)  bonds  or  the  contract 
to  be  duly  executed  and  delivered  as  aforesaid,  then  the 
Invitation  to  Contractors  and  this  Contractor's  Propo- 
sal shall  constitute  a  contract  binding  the  undersigned  to 
pay  to  the  City  the  damages  by  it  sustained  by  reason  of 
such  failure  of  the  undersigned,  as  provided  in  said  In- 
vitation to  Contractors.  And  the  undersigned  hereby  as- 
signs to  the  City  the  said  sum  so  specially  deposited  by 
the  delivery  of  such  certified  check,  but  subject  to  the 
condition  that  if  this  Proposal  shall  not  be  accepted  or  if 
it  shall  be  accepted  and  the  undersigned  shall  within  ten 
(10)  days  after  notice  as  aforesaid  or  any  longer  period 
prescribed  by  your  Board,  execute  the  said  contract  and 

make  the  said  deposit  of  One  million  dollars  ($1,000,000) 
and  procure  the  said  two  (2)  bonds  to  be  duly  executed 
and  delivered,  then  such  sum  so  specially  deposited  shall 
be  returned  to  the  undersigned. 

A  notice  of  acceptance  of  this  Proposal  by  your  Board 


2O2  Contractor's  Proposal. 

addressed  to  the  undersigned  as  aforesaid  shall  forthwith, 
at  the  option  of  your  Board,  operate  as  against  the  under- 
signed as  a  complete  making  of  a  contract  according  to 
the  form  thereof  as  aforesaid,  with  the  blanks  therein  con- 
tained filled  in  according  to  this  Proposal. 

This  Proposal  is  based  in  part  on  an  estimate  of  the 
cost  of  the  equipment  of  the  Railroad  (as  defined  in 
the  Invitation  to  Contractors)  at  dollars 

($  )• 

The  following  are  all  the  persons  interested  with  the 

undersigned  in  this  Proposal,  together  with  their  names 
and  places  of  residence: 


Contractors  Proposal.  203 

This  Proposal  is  made  without  any  connection  with 
any  corporation  or  person  making  another  proposal  for  the 
same  contract. 

This  Proposal  is  in  all  respects  fair  and  without  col- 
lusion or  fraud. 

No  member  of  your  Board  or  of  the  Municipal  As- 
sembly or  head  of  a  department,  or  deputy  thereof  or  clerk 
therein,  or  any  other  officer  of  the  City,  or  any  person  in 
the  employ  of  your  Board  is  directly  or  indirectly  inter- 
ested in  this  Proposal  or  in  the  supplies  or  work  to  which 
i't  relates  or  in  any  portion,  direct  or  indirect,  of  the  profits 
or  other  proceeds  thereof. 

Dated  No.  STREET,  NEW  YORK  CITY. 


2O4  Contractor's  Proposal. 


STATE  OF  NEW  YORK, 
CITY  AND  COUNTY  OF  NEW  YORK, 


>  ss. : 
being  duly  sworn,  says: 


I  am51 


the  proposing  contractor  above  named.     I  have  read  the 
foregoing  proposal.     The  same  is  in  all  respects  true. 

Sworn  to  before  me  this  ) 

day  of  1899.      j 

*//  the  contractor  be  a  person,  here  say  "the  person;" 
if  it  be  a  firm,  here  say  "a  member  of  the  firm  of 

;"  if  it  be  a  corporation,  say  "the  President  (07 
Treasurer)  of  the  Company" 

NOTICE :     To  this  Proposal  must  be  annexed: 

1.  Copy  of  Invitation  to  Contractors. 

2.  Copy  of  Proposed  Contract. 

3.  Schedule  of  Securities,  if  securities  be  depos- 
ited for  the  $1,000,000  in  lieu  of  cash. 

4.  Form  of  Continuing  Bond,  with  blanks  com- 
pletely filled. 

5.  Form  of  Bond  for  Construction  and  Equip- 
meHt  with  blanks  completely  filled. 


205 

Copy  of  the  Routes  and  General  Plan. 
Routes. 

One  route  as  follows:  Its  centre  line  shall  commence 
at  a  point  at  or  near  the  intersection  of  Broadway  with 
Park  Row ;  thence  under  Park  Row  and  Centre  street  to 
a  point  at  or  near  its  intersection  with  New  Elm  street  as 
proposed ;  thence  under  New  Elm  street  as  proposed,  to 
Lafayette  Place ;  thence  under  Lafayette  Place  to  Eighth 
street;  thence  across  and  under  Eighth  street,  and 
thence  under  private  property  lying  between  Eighth 
and  Ninth  streets  and  east  of  the  westerly  side  or  line  ot 
Lafayette  Place,  produced,  to  Fourth  avenue ;  thence  un- 
der Fourth  avenue  and  Park  avenue  to  Forty-second 
street;  thence  turning  from  Park  avenue  into  Forty-sec- 
ond street,  and  taking  for  the  purposes  of  the  curve,  if 
necessary  or  convenient,  private  property  at  the  southwest 
corner  of  Park  avenue  and  Forty-second  street;  thence 
under  Forty-second  street  to  Broadway;  thence  under 
Broadway  to  Fifty-ninth  street;  thence  under  the  Boule- 
vard to  a  point  at  or  near  One  hundred  and  Twenty-fourth 
street;  thence  by  viaduct  along  and  over  the  Boulevard 
to  a  point  at  or  near  One  hundred  and  Thirty-fourth 
street ;  thence  under  the  Boulevard  and  Eleventh  avenue 
to  a  point  on  Eleventh  avenue,  situate  north  of  One  Hun- 
dred and  Ninetieth  street,  and  distant  therefrom  not  less 
than  one  thousand  and  not  more  than  one  thousand  five 
hundred  feet,  and  thence  under  or  over  (as  may  be  most 
convenient)  private  property  to  a  point  at  the  southeast 
end  of  Ellwood  street  near  Hillside  street,  and  thence  over 
Ellwood  street  to  Kingsbridge  avenue  or  Broadway; 
thence  over  Kingsbridge  avenue  or  Broadway,  as  now 
proposed,  to  Riverdale  avenue,  and  thence  easterly  over 
Riverdale  avenue  to  a  point  within  five  hundred  feet  of 
the  present  Kingsbridge  station  of  the  New  York  and 
Putnam  Railroad  Company. 

This  route  shall  include  a  loop  at  the  City  Hall  Park 
which  shall  connect  with  the  portion  of  the  route  afore- 
said along  Centre  street  at  or  near  the  south  end  of  that 


2d6  Routes  and  General  Plan. 

street,  and  thence  proceed  westerly  and  southerly  under 
City  Hall  Park  and  Broadway,  and  thence  easterly  to 
again  connect  with  the  portion  of  the  route  aforesaid  in 
Park  Row.  All  of  the  said  loop  shall  lie  under  City  Hall 
Park,  Park  Row,  between  the  south  end  of  Centre  street 
and  Ann  street,  and  the  portion  of  Broadway  adjoining 
the  City  Hall  Park  lying  between  Vesey  and  Murray 
streets.  This  route  shall  also  include  suitable  tracks  and 
connections  from  the  City  Hall  loop  to  the  Post-office, 
such  tracks  and  connections  being  under  the  City  Hall 
Park  and  under  the  portion  of  Park  Row  between  the 
south  end  of  Centre  street  and  Ann  street.  This  route 
shall  also  include  suitable  tracks  and  connections  from  the 
portion  of  the  route  near  the  corner  of  Park  avenue  and 
Forty-second  street  to  the  yard  and  tracks  of  the  Grand 
Central  Station.  All  of  the  tracks  and  connections  last 
mentioned  shall  be  under  Park  avenue  and  Forty-second 
street  and  private  property  to  be  acquired.  By  private 
property  in  this  description  is  meant  property  not  form- 
ing part  of  the  streets  of  the  City  of  New  York  and  not 
belonging  to  the  City  of  New  York. 

Also  a  route  as  follows :  Its  centre  line  shall  diverge 
from  the  route  aforesaid  on  the  Boulevard,  between  a  line 
parallel  to  and  one  hundred  feet  north  of  One  Hundred 
and  Third  Street  and  a  line  parallel  to  and  one 
hundred  feet  south  of  One  Hundred  and  Third 
street;  thence  under  private  property  to  a  point  in 
One  Hundred  and  Fourth  street ;  thence  under  One 
Hundred  and  Fourth  street  to  and  across  Central  Park, 
West;  thence  under  Central  Park  to  the  intersection  of 
Lenox  avenue  and  One  Hundred  and  Tenth  street ;  thence 
under  Lenox  avenue  to  a  point  near  One  Hundred  and 
Forty-second  street ;  thence  curving  to  the  east  and  pass- 
ing under  private  property,  One  Hundred  and  Forty- 
third  and  One  Hundred  and  Forty-fourth  streets,  to  the 
Harlem  River  at  or  near  the  foot  of  One  Hundred  and 
Forty-fifth  street ;  thence  under  the  Harlem  River  and 
private  property  to  East  One  Hundred  and  Forty-ninth 
street  at  or  near  its  intersection  with  River  avenue ;  thence 
under  East  One  Hundred  and  Forty-ninth  street  to  a 


Routes  and  General  Plan.  207 

point  near  its  intersection  with  Third  avenue ;  thence  with 
a  curve  to  the  left  and  under  Third  avenue  to  a  point  near 
its  intersection  with  Westchester  avenue;  thence  with  a 
curve  to  the  right  to  and  under  Westchester  avenue,  and 
thence  by  viaduct  over  and  along  Westchester  avenue  to 
the  Southern  Boulevard ;  thence  over  and  along  the  South- 
ern Boulevard  to  the  Boston  road  and  thence  over  and 
along  the  Boston  road  to  Bronx  Park. 


Plan  of  Const  met  ion. 

The  General  Plan  of  Construction  of  the  road  is  as  fol- 
lows: 

For  the  route  under  Park  Row  and  the  said  loop  at 
City  Hall  Park,  two  parallel  tracks ;  for  the  route  from 
the  point  of  connection  of  the  City  Hall  loop  with  the 
route  aforesaid  at  the  southerly  end  of  Centre  street  to  the 
junction  at  or  near  One  Hundred  and  Third  street  and 
the  Boulevard  four  parallel  tracks ;  for  the  route  from  the 
junction  at  or  near  One  Hundred  and  Third  street  and  the 
Boulevard  to  the  New  York  and  Putnam  Railroad  Com- 
pany's station  at  Kingsbridge,  two  parallel  tracks ;  for  the 
route  from  the  junction  at  or  near  One  Hundred  and 
Third  street  and  the  Boulevard  to  Bronx  Park,  two  par- 
allel tracks. 

All  of  the  above  mentioned  tracks  shall  be  placed  on 
the  same  level,  except  that  wherever  required  by  special 
necessities  of  surface  or  sub-surface  structures  or  other 
special  or  local  necessities  and  for  the  purpose  of  avoiding 
grade  crossings  at  the  southerly  end  of  Centre  street  and 
the  One  Hundred  and  Third  street  junction,  any  one  or 
more  of  the  tracks  may  be  depressed  below  the  level  of  the 
other  tracks  to  a  depth  of  not  more  than  twenty  feet. 

The  tracks  shall  be  of  standard  gauge,  that  is  to  say, 
of  a  width  of  four  feet  and  eight  and  a  half  inches  between 
the  rails.  There  shall  be  twelve  and  a  half  feet  width  in 
the  tunnels  and  on  the  viaducts  for  each  track,  except  that 
at  stations,  switches  turnouts,  curves  and  crossovers  the 


208  Routes  and  General  Plan. 

width  may  be  increased  to  the  extent  permitted  by  the 
width  of  the  tunnel.  The  tracks  wherever  passing  over 
or  under  the  street  shall  be  placed  over  or  under  the  cen- 
tral part  of  the  street,  except  that  no  tunnel  or  viaduct  or 
any  wall  or  part  thereof  under  or  along  a  street,  shall,  ex- 
cept at  the  stations,  station  approaches,  curves  and  at 
places  of  access  to  subsurface  structures,  as  hereinafter 
provided,  be  within  a  distance  of  five  feet  of  the  exterior 
line  or  side  of  the  street.  The  tracks  shall  in  all  cases  be 
placed  in  tunnels,  except  only  that  on  the  west  side  route 
on  the  Boulevard  at  or  near  One  Hundred  and  Twenty- 
fourth  street  the  tracks  shall  emerge  from  the  tunnel  and 
be  carried  upon  a  viaduct  along  the  Boulevard  to  a  point 
at  or  near  One  Hundred  and  Thirty-fourth  street  and 
there  be  taken  again  into  the  tunnel  and  except  also  that 
on  the  west  side  route  at  a  point  at  or  near  One  Hundred 
and  Ninetieth  street  the  tracks  shall  again  emerge  from 
the  tunnel  and  be  carried  upon  a  viaduct  over  private 
property  and  the  above-mentioned  streets  to  the  Kings- 
bridge  station,  and  except  also  that  on  the  east  side  from 
a  point  on  Westchester  avenue  at  or  near  Bergen  avenue 
the  tracks  shall  emerge  from  the  tunnel  and  be  carried 
upon  a  viaduct  over  and  along  Westchester  avenue  and 
the  other  streets  above  mentioned  to  Bronx  Park. 

Wherever  the  tracks  change  from  tunnel  to  viaduct,  or 
from  viaduct  to  tunnel,  the  change  shall  be  so  made  as  to 
occupy  or  obstruct  the  use  of  the  surface  of  the  street  to 
the  least  possible  extent  consistent  with  the  proper  gradi- 
ent for  the  tracks. 

The  roof  of  the  tunnel  shall  be  as  near  the  surface  of 
the  street  as  street  conditions  and  grades  will  permit. 
The  tunnel  shall  not  be  less  than  thirteen  feet  in  height 
in  the  clear.  The  maximum  widths  of  the  tunnel  in  the 
clear  shall  be  as  follows: 

For  the  route  under  Park  Row  and  the  City  Hall  Park 
loop,  thirty-eight  feet ;  for  the  route  from  at  or  near  the 
south  end  of  Centre  street  and  to  the  commencement  of 
New  Elm  street,  fifty  feet ;  for  the  route  from,  at  or  near 


Routes  and  General  Plan.  209 

the  commencement  of  New  Elm  street  to  Lafayette  place, 
sixty-eight  feet ;  for  the  route  from,  at  or  near  the  com- 
mencement of  Lafayette  place  to  the  junction  at  or  near 
One  Hundred  and  Third  street,  fifty  feet;  for  the  west 
side  route  from  the  junction  at  or  near  One  Hundred  and 
Third  street  to  Kingsbridge  station,  twenty-five  feet ;  and 
for  the  east  side  route  from,  at  or  near  the  junction  at 
One  Hundred  and  Third  street  to  Bronx  Park,  twenty- 
five  feet ;  except  that  wherever  the  nature  of  the  streets 
necessitates  a  curve  that  an  additional  width  of  tunnel 
may  be  added  not  exceeding  three  feet  for  each  track,  and 
except  that  on  Fourth  avenue,  from  Thirty-second  street 
to  Forty-third  street,  the  permissible  width  shall  be  sixty- 
five  feet;  and  for  the  tunnel  beneath  the  Harlem  River 
and  its  approaches,  the  permissible  width  shall  be  thirty- 
five  feet.  At  each  cross  street  where  accommodations  for 
pipes,  wires,  sewers  and  other  subsurface  structures  have 
been  provided  within  the  tunnel,  the  tunnel  may,  in  order 
to  provide  convenient  access  to  such  pipes,  wires,  sewers 
and  other  subsurface  structures,  have,  within  the  limit  of 
the  sides  or  exterior  lines  of  such  cross  street  or  such  lines 
produced,  an  additional  width  on  each  side  of  the  route 
not  to  exceed  fifteen  feet,  and  the  area  of  additional  width 
on  either  side  not  to  approach  nearer  than  twelve  feet  to 
either  side  or  exterior  line  of  such  cross  street.  Footways 
between  the  tracks  shall  be  provided  the  whole  length  of 
the  line  and  accommodations  arranged  for  the  convenience 
and  protection  of  employes. 

Whenever  necessary  for  the  proper  support  of  the  street 
surface  the  roof  of  the  tunnel  shall  be  of  iron  or  steel 
girders  with  brick  or  concrete  arches  supported  by  iron 
or  steel  columns  and  masonry  walls,  or  the  roof  shall  be 
a  masonry  arch.  Viaducts  shall  be  built  with  a  width  of 
twelve  and  one-half  feet  for  each  track  and  with  an  addi- 
tional width  of  three  feet  on  each  side  for  outside  foot- 
ways. Viaducts  may  be  built  of  metal  or  masonry,  or  of 
both. 

Adjacent  tracks  shall  be  connected  by  necessary  and 
suitable  switches  and  connections,  and  an  additional  track 


2io  Routes  and  General  Plan. 

for  siding  accommodation  may  be  constructed  not  to  ex- 
ceed in  length  one-quarter  of  a  mile  for  each  mile  of  road- 
way, but  provided  always  that  the  side  of  the  tunnel  shall 
not,  by  the  enlargement  of  the  tunnel  for  that  purpose,  be 
brought  within  five  feet  of  the  exterior  line  or  side  of  the 
street. 

Along  Elm  street,  wherever  the  tunnel  shall  be  in  the 
clear  not  less  than  sixty-eight  feet  wide,  the  pipes,  wires, 
sewers  and  other  subsurface  structures  shall  be  placed  in 
suitable  galleries  in  the  tunnel  at  the  outside  of  the  ex- 
terior tracks.  But  any  such  pipes,  wires,  sewers  and 
other  subsurface  structures  may  be  placed  in  suitable  gal- 
leries beneath  the  tracks,  or  such  pipes,  wires,  sewers  and 
other  subsurface  structures  may  be  placed  in  the  ground 
above  or  at  the  sides  of  the  tunnel,  or  at  the  outside  of 
the  exterior  tracks,  and  whenever  so  placed  beneath  the 
tracks,  or  in  the  ground  above  or  at  the  sides  of  the  tun- 
nel, the  width  of  the  tunnel  on  New  Elm  street  shall  not 
be  more  than  fifty  feet.  Pipes,  wires,  sewers  and  other 
subsurface  structures  shall,  at  any  part  of  the  said  routes, 
be  removed  or  disturbed  only  when  necessary  for  the  con- 
struction and  operation  of  the  railway,  and,  if  removed  or 
disturbed,  shall  be  placed  under  the  streets  in  such  man- 
ner and  in  such  location  that  the  use  and  service  thereof 
shall  not  be  impaired.  Such  pipes,  wires,  sewers  and 
other  subsurface  structures  shall  be  left  or  shall  be  so 
arranged  as  to  give  free  access  for  their  repair  or  altera- 
tion, or  for  the  placing  with  them  of  new  pipes,  wires, 
sewers  and  other  like  structures,  and  for  making  connec- 
tions between  the  same  and  buildings  at  any  time. 

Stations  and  station  approaches  shall,  in  general,  be  at 
the  intersection  of  streets  and  shall  be  built  under,  or,  if 
the  position  of  the  tracks  so  require,  over,  the  streets  and 
immediately  adjoining  private  abutting  property,  or 
through  private  property  to  be  acquired  for  the  purpose, 
or  both  under  or  over  streets  and  through  private  proper- 
ty as  aforesaid,  except  that  on  the  Boulevard,  stations  and 
station  approaches  may  be  in  the  centre  of  the  street.  The 
streets  under  or  over  which  stations  or  station  approaches 
shall  be  built  may  include  cross  streets,  but  no  part  of  any 


Routes  and  General  Plan.  211 

cross  street  shall  be  used  for  a  station  or  station  approach 
at  a  distance  greater  than  seventy-five  feet  from  the  ex- 
terior line  or  side  of  the  street  of  the  route.  The  word 
"street,"  wherever  used  herein,  shall  include  an  avenue 
or  public  place. 

Along  the  Boulevard  there  may  be  openings  in  the  sur- 
face of  the  street  from  the  tunnel  for  the  purpose  of  venti- 
lation and  light ;  such  openings  shall  be  guarded  by  con- 
venient and  ornamental  inclosures.  The  openings  shall 
not  exceed  twenty  feet  in  width  and  fifty  feet  in  length. 
No  two  openings  shall  be  within  fifty  feet  of  each  other. 
No  opening  or  part  thereof  shall  be  within  the  limits  of, 
or  opposite  to,  any  street  intersecting  the  Boulevard ;  and 
within  the  distance  of  any  one  block  on  the  Boulevard  be- 
tween any  two  adjacent  crossing  streets  there  shall  not  be 
more  than  two  such  openings. 

The  general  mode  of  operation  shall  be  by  electricity 
or  some  other  power  not  requiring  combustion  within  the 
tunnels  or  on  the  viaducts,  and  the  motors  shall  be  capable 
of  moving  trains  at  a  speed  of  not  less  than  forty  miles 
per  hour  for  long  distances  exclusive  of  stops. 

The  manner  of  construction  shall  be  by  tunnelling  or 
open  excavation. 


212 


Schedule  of  Securities. 

This  schedule  gives  a  full  description  of  the  securities 
or  the  securities  and  cash  of  the  value  of  One  million  dol- 
lars ($1,000,000)  which  the  Contractor  deposits  pursu- 
ant  to  the  foregoing  Contract.  If  the  deposit  be  made 
in  cash  it  is  made  by  a  certified  check  or  certified  checks 
to  the  order  of  the  Comptroller  of  the  City  of  New  York, 
drawn  upon  one  or  more  national  or  state  banks  in  the 
City  of  New  York.  If  the  deposit  be  made  in  whole  or 
in  part  by  securities,  the  securities  are  payable  to,  or  rui 
in  favor  of,  or  are  transferred  to,  the  Comptroller  of  the 
City  of  New  York.  In  case  of  bonds  the  numbers  are 
given.  In  case  of  shares  of  stock  or  debentures  the  dates 
and  numbers  of  the  certificate  are  given. 


213 
Bond  for  Construction  and   Equipment. 

Iknow  all  men  by  tbeee  pre0ent$,  That 

of 

hereinafter  called   the  Contractor,  and 


and 

hereinafter  called  the  Sureties,  are  held  and  firmly 
bound  unto  the  City  of  New  York,  hereinafter  called 
the  City,  in  the  penal  sum  of  Five  million  dollars 
($5,000,000)  lawful  money  of  the  United  States  of  Amer- 
ica, to  be  paid  to  the  City,  for  which  payment  well 
truly  to  be  made  the  Contractor  and  the  Sureties  do  here- 
by bind  themselves  and  their,  and  each  of  their,  executors, 
administrators  and  successors  firmly  by  these  presents, 
as  follows :  The  Contractor  to  be  so  held  and  bound  the 
full  amount  of  the  said  Five  million  dollars  ($5.000,000) 
and  each  of  the  said  Sureties  to  be  so  held  bound  and 


214          Bond  for  Construction  and  Equipment. 

bound  only  for  a  portion  of  said  penal  sum  of  Five  million 

dollars  ($5,000,000)  as  follows:     The  said 

for  the  sum  of 

dollars  ($  )  ;  the  said 

for  the  sum  of 


($ 


($ 


)  ;  the  said 

for  the  sum  of 


dollars 


dollars 


VObereOf,    The    Contractor    and 
the  Sureties  have  hereunto  caused  their  respective  seals  to 
be  set  and  these  presents  to  be  attested  by  the  president 
or  vice-president  and  secretary  of  each  of  them  which  is 
a  corporation  this 
day  of 
1899. 

Whereas  the  City  by  its  Board  of  Rapid  Transit  Rail- 
road Commissioners     (hereinafter     called    the    Board, 
is  about  to  enter  into  contract  with  the  Contractor  bearing 


Bond  for  Construction  and  Equipment.  215 
even  date  herewith  for  the  construction  and  equipment  of 
the  Rapid  Transit  Railroad  in  the  City  of  New  York  more 
particularly  described  in  the  said  contract ;  and 

Whereas,  The  City  is  about  to  enter  into  such  contract 
with  the  Contractor  upon  the  condition,  and  not  otherwise, 
that  this  bond  shall  be  given  to  the  City,  and  upon  the  faith 
thereof, 

1ROW,  therefore,  the  condition  of  the  fore- 
going obligation  is  such  that  if  the  Contractor  shall  fully 
perform  the  said  contract  so  far  as  the  same  requires  or 
shall  require  the  construction  and  equipment  of  the  said 
railroad,  then  this  obligation  shall  be  null  and  void,  but 
else  it  shall  remain  in  full  force  and  virtue. 

It  is  expressly  agreed  between  the  City  and  the  Sureties, 
and  it  is  upon  such  agreement  that  the  City  accepts  this 
Bond,  that  the  Sureties  will  and  do  waive  any  and  every 
notice  of  default  on  the  part  of  the  Contractor ;  that  they 
will  and  do  permit  the  City  to  extend  the  time  of  the  Con- 
tractor to  make  any  payment  or  do  any  act ;  that  no  omis- 


2i6  Bond  for  Construction  and  Equipment. 
sion  on  the  part  of  the  City  to  give  any  notice  of  or  ex- 
tension of  time  granted  by  or  on  behalf  of  the  City  shall 
be  availed  of  by  the  Sureties  or  either  of  them  as  a  defence 
upon  this  bond ;  that  the  Sureties  shall  not  set  up  or  have 
any  defence  upon  this  bond  by  reason  of  any  alteration  of 
the  said  contract  unless  such  alteration  shall  be  represent- 
ed by  a  formal  written  instrument  duly  executed  between 
the  City  and  the  Contractor  which  shall  have  been  duly 
authorized  by  a  vote  of  the  Board ;  and  that  in  case  of  such 
alteration,  however  made,  the  same  shall  be  a  defence  to 
the  Sureties  only  to  the  extent  of  the  actual  inj  ury  or  dam 
age  caused  to  the  Sureties  by  said  alteration. 

And  Whereas,  The  Contractor  has  deposited  with  the 
City  the  sum  of  One  million  dollars  ($1,000,000)  in  cash 
or  in  securities  approved  by  the  Board,  as  security  for  the 
performance  by  the  Contractor  of  some  of  the  acts  and 
things  the  performance  of  which  is  secured  hereby ;  and 

Whereas,  Contemporaneously  with  the  delivery  of  this 
bond  the  Contractor  has  also  delivered  to  the  City  a 
bond  in  the  sum  of  One  million  dollars  ($1,000,000)  as 


Bond  for  Construction  and  Equipment.  217 
security  for  the  performance  by  the  Contractor  of  some 
of  the  acts  and  things  the  performance  of  which  is  secured 
hereby, 

Now,  therefore,  it  is  further  expressly  agreed  between 
the  City  and  the  Sureties  that  the  City  shall  be  at  liberty, 
in  case  of  any  default  by  the  Contractor  against  which 
this  bond  is  given  as  security,  to  collect  the  loss  or  dam- 
age to  the  City  caused  thereby  either  from  the  Sureties  on 
this  bond  or  the  Sureties  on  such  other  bond  or  bonds  or 
out  of  the  said  deposit  or  out  of  them  all  as  the  City  may 
elect. 


NOTE. — The  execution  of  the  bond  should  be  duly  proved  in 
the  form  essential  to  proof  to  entitle  a  deed  to  record  in  the 
State  of  New  York.  Full  affidavits  of  justification  of  sureties 
should  be  added. 


218 

Continuing  Bond. 

Iknow  all  flDen  bp  tbese  presents,  that 


of 


hereinafter  called  the   Contractor,    and 


and 

hereinafter  called  the  Sureties,  are  held  and  firmly 
bound  jointly  and  severally  unto  the  City  of  New  York, 
hereinafter  called  the  City,  in  the  penal  sum  of  One 
million  dollars  ($1,000,000)  lawful  money  of  the  United 
States  of  America,  to  be  paid  to  the  City,  for  which  pay- 
ment well  and  truly  to  be  made  the  Contractor  and  the 
Sureties  do  hereby  bind  themselves  and  their  and  each  of 
their 

jointly  and  severally,  firmly  by  these  presents. 


Continuing  Bond.  219 

WbCrCOf,     the  Contractor  and  the 
Sureties  have  hereunto  caused  their  seals  to  be  set  this 
day  of  ,  1899. 


Whereas,  the  City,  by  its  Board  of  Rapid  Transit  Rail- 
road Commissioners  (hereinafter  called  the  Board)  is 
about  to  enter  into  a  contract  with  the  Contractor  bearing 
even  date  herewith  for  the  construction  and  equipment, 
and,  after  such  construction  and  equipment  shall  be  com- 
plete, then  for  the  lease  and  operation  of  the  rapid  transit 
railroad  in  the  City  of  New  York  more  particularly  de- 
scribed in  the  said  contract ;  and 

Whereas,  the  City  is  about  to  enter  into  such  contract 
with  the  Contractor  upon  the  condition  and  not  otherwise 
that  this  Bond  shall  be  given  to  the  City,  and  upon  the 
faith  thereof, — 

1ROW,  tberefOrC,  the  condition  of  the  foregoing 
obligation  is  such  that,  if  the  Contractor  shall  promptly 
pay  the  amount  of  the  annual  rental  specified  in  the  said 
contract  and  shall  also  faithfully  perform  all  the  condi- 
tions, covenants  and  requirements  therein  specified  and  ' 


22O  Continuing  Bond. 

provided,  and  in  case  of  the  default  on  the  part  of  the 
Contractor  as  provided  in  section  34  of  the  rapid  transit 
act,  the  Contractor  shall  pay  the  amount  of  the  deficien 
therein  mentioned, — then  this  obligation  shall  be  null  and 
void,  but  else  it  shall  remain  in  full  force  and  virtue. 

It  is  expressly  agreed  between  the  City  and  the  Sure- 
ties, and  it  is  upon  such  agreement  that  the  City  accepts 
this  Bond,  that  the  Sureties  will  and  do  waive  any  and 
every  notice  of  default  on  the  part  of  the  Contractor ;  that 
they  will  and  do  permit  the  City  to  extend  the  time  of  the 
Contractor  to  make  any  payment  or  do  any  act ;  that  no 
omission  on  the  part  of  the  City  to  give  any  notice  or  ex- 
tension of  time  granted  by  or  on  behalf  of  the  City,  shall 
be  availed  of  by  the  Sureties  or  either  of  them  as  a  de- 
fence upon  this  Bond ;  that  the  Sureties  shall  not  set  up  or 
have  any  defence  upon  this  Bond  by  reason  of  any  alter- 
ation of  the  said  contract  unless  such  alteration  shall  be 
represented  by  a  formal  written  instrument  duly  executed 
between  the  City  and  the  Contractor  which  shall  have 
been  duly  authorized  by  a  vote  of  the  Board,  and  that  in 
case  of  such  alteration,  however  made,  the  same  shall  be 


Continuing  Bond.  221 

a  defence  to  the  Sureties  only  to  the  extent  of  the  actual 
injury  or  damage  caused  to  the  Sureties  by  such  altera- 
tion. It  is  expressly  agreed  between  the  City  and  the 
Sureties  that  the  Sureties  hereby  assume  all  the  obliga- 
tions prescribed  for  sureties  upon  bonds  like  this  by  chap- 
ter 4  of  the  laws  of  1891,  and  the  various  acts  amendatory 
thereof  (all  such  acts  together  being  known  as  the  rapid 
transit  act).  This  Bond  shall  be  a  continuing  security 'to 
the  City  of  New  York  for  the  entire  term  of  fifty  (50) 
years  after  the  complete  construction  and  equipment  of  the 
rapid  transit  railroad  as  prescribed  in  the  said  contract 
and  the  declaration  of  the  Board  that  the  said  railroad  and 
its  equipments  are  so  complete. 

And  whereas,  The  Contractor  has  deposited  with  the 
City  the  sum  of  One  Million  Dollars  ($1,000,000)  in  cash 
or  securities  approved  by  the  Board  as  security  for  the 
performance  by  the  Contractor  of  some  of  the  acts  and 
things  the  performance  of  which  is  secured  hereby ;  and 

Whereas,  Contemporaneously  with  the  delivery  of  this 
bond,  the  Contractor  has  also  delivered  to  the  City,  a  bond 
in  the  sum  of  Five  Million  Dollars  ($5,000,000)  as  further 


222  Continuing  Bond. 

security  for  the  performance  by  the  Contractor  of  some  of 
th£  acts  and  things  the  performance  of  which  is  secured 
hereby, — Now,  therefore,  it  is  further  expressly  agreed 
between  the  City  and  the  Sureties  that  the  City  shall  be  at 
liberty  in  case  of  any  default  by  the  Contractor  against 
which  this  Bond  is  given  as  security,  to  collect  the  loss  or 
.damage  to  the  City  caused  thereby  either  from  the  Sure- 
ties on  this  Bond  or  the  sureties  on  such  other  Bond  or 
Bonds,  or  out  of  the  said  deposit  or  out  of  all  such  secur- 
ities as  the  City  may  elect. 


TSToxE. — The  execution  of  the  bond  should  be  duly  proved  in 
the  form  essential  to  proof  to  entitle  a  deed  to  record  in  the 
State  of  New  York.  Full  affidavits  of  justification  of  sureties 
should  be  added. 


The  City  of  New  York 

By  its  Rapid  Transit  Board. 


WITH 


John  B.  ricDonald 

Contractor. 


AGREEMENT 

Of  Modification  of  Contract  for  Construction 
and  Operation  of  Sapid  Transit  Railroad, 
with  Receipt  and  Agreement  Concern- 
ing Continuing  Bond  Annexed. 


Dated,  February  aist,  igoo. 
Executed,  February  24th,  igoo. 


227 

Hfit CCrUCltt t  made  this  2ist  day  of  February,  in 
the  year  Nineteen  hundred,  between  the  City  of  New 
York  (hereinafter  called  the  City)  acting  by  the  Board 
of  Rapid  Transit  Railroad  Commissioners  for  the  City 
of  New  York  (hereinafter  called  the  Board),  party  of  the 
first  part,  and  John  B.  McDonald,  of  the  City  of  New 
York  (hereinafter  called  the  Contractor),  party  of  the 
second  part : 

WHEREAS,  Heretofore  on  this  date  and  immediately 
prior  to  the  execution  of  this  instrument,  the  City,  acting 
by  the  Board,  entered  into  a  contract  with  the  Contractor 
for  the  construction  and  operation  of  a  Rapid  Transit 
railroad  in  the  City  of  New  York  and  otherwise  as  therein 
mentioned,  the  said  contract  bearing  even  date  herewith 
and  being  hereinafter  styled  the  contract  for  construction 
and  operation;  and 

WHEREAS,  This  Board  did,  on  or  about  the  I3th  day  of 
November,  1899,  file  with  the  clerk  of  the  Appellate  Divi- 
sion of  the  Supreme  Court  of  the  First  Judicial  Depart- 
ment, a  stipulation  in  the  form  hereto  annexed  entitled 
"Copy  Stipulation" ;  and 


228 

WHEREAS,  The  Appellate    Division  of    the    Supreme 
Court  did,  by  a  certain  order  made  In  the  Matter  of  the 
Application  of  the  Board  of  Rapid  Transit  Railroad  Com- 
missioners of  the  City  of  New  York  for  the  Appointment 
of  three  Commissioners  to  determine  whether  a  Rapid 
Transit  Railway  or  Railways  for  the  Transportation  of 
.    Persons  and  Property  as  determined  by  the  said  Board 
ought  to  be  Constructed  and  Operated,  relieve  the  said 
Board  from  the  said  stipulation  upon  condition  that  in  lieu 
of  the  said    stipulation  the  Board  should    file  with  the 
Clerk  of  the  said  Appellate  Division  a  stipulation  in  the 
same  form  as  the  stipulation  from  which  the  said  Board 
was  thereby  relieved  except  only  that  in  subdivision  II 
thereof  for  the  words  "each  one  being  bound  for  at  least 
"Five  hundred  thousand  dollars  ($500,000)  of  the  pen- 
"alty  and  all  taken  together  being  bound  for  Five  million 
"dollars  ($5,000,000)   and  each  justifying  in  double  the 
"amount  for  which  such  person  or  corporation  shall  be 
"bound,"  there  should  be  substituted  the  words  "each  one 
"being  bound  for  at  least  Two  hundred  and  fifty  thousand 
"dollars  ($250,000)  of  the  penalty  and  all  taken  together 


229 

"being  bound  for  Five  million  dollars  ($5,000,000)  and 
"each  of  such  sureties  justifying  in  the  amount  for  which 
"he  shall  severally  be  bound" ;  and 

WHEREAS,  The  Board  did,  on  the  2Oth  day  of  Febru- 
ary, 1900,  duly  file  with  the  Clerk  of  the  Appellate  Di- 
vision a  stipulation  in  the  same  form  as  the  said  stipula- 
tion of  1 3th  November,  1899,  except  only  that  the  same 
was  modified  as  in  the  said  order  of  the  Appellate  Di- 
vision provided ;  and 

WHEREAS,  The  Contractor  has  duly  delivered  to  this 
Board  the  continuing  bond  in  the  penalty  of  at  least  One 
million  dollars  ($1,000,000)  as  provided  in  the  first  sub- 
division of  the  said  stipulation  of  I3th  November,  1899, 
and  has  also  duly  delivered  to  the  said  Board  the  bond  for 
construction  and  equipment  in  the  penalty  of  at  least  Five 
million  dollars  ($5,000,000)  as  provided  in  the  second 
subdivision  of  the  said  stipulation  except  only  that  some 
of  the  sureties  are  severally  bound  for  Two  hundred  and 
fifty  thousand  dollars  ($250,000)  instead  of  Five  hundred 
thousand  dollars  ($500,000),  and  that  the  sureties  instead 
of  justifying  in  double  the  amount  for  which  they  are 


230 

severally  bound  have  justified  in  the  amount  for  which 
they  are  severally  bound;  and 

WHEREAS,  The  Board  in  behalf  of  the  City  has  duly 
accepted  and  approved  the  said  bond  for  construction  an-i 
equipment  in  the  penalty  of  Five  million  dollars  ($5,000,- 
ooo)  given  by  the  Contractor  as  aforesaid ;  and 

WHEREAS,  The  Board,  as  a  condition  of  making  this 
contract  and  of  approving  the  said  bond  for  construction 
and  equipment,  has  required  the  actual  deposit  with  the 
Comptroller  of  the  City  of  New  York  of  securities  of  the 
value  of  One  million  dollars  ($1,000,000)  as  additional 
security  for  the  performance  of  the  provisions  of  the  con- 
tinuing bond  for  One  million  dollars  ($1,000,000)  to  be 
given  by  the  Contractor  as  mentioned  in  the  contract  for 
construction  and  operation,  and  has  also  required  an 
obligation  on  the  part  of  the  Contractor  for  the  deposit 
with  the  said  Comptroller  of  an  additional  One  million 
dollars  ($1,000,000)  on  or  before  ist  January,  1901,  as 
hereinafter  provided,  and  for  the  assignment  of  the  bene- 
ficial interest  of  the  Contractor  in  all  bonds  to  be  given 
by  subcontractors  as  hereinafter  provided ; 


231 

,  in  consideration  of  the  prem- 
ises and  of  the  said  contract  for  construction  and  opera- 
tion and  of  the  sum  of  One  dollar  ($i)  by  each  party 
hereto  to  the  other  in  hand  paid,  the  receipt  whereof  is 
hereby  acknowledged,  and  with  the  consent  in  writing 
of  all  bondsmen  and  sureties  of  the  Contractor  and  with 
the  concurrence  of  at  least  six  members  of  said  Board, 
It  10  n$rCCfr  that  the  contract  for  construction  and 
operation  be  and  the  same  hereby  is  changed  and  modi- 
fied so  as  to  provide  that  upon  the  bond  for  construction 
and  equipment  each  surety  shall  be  bound  for  at  least 
Two  hundred  and  fifty  thousand  dollars  ($250,000)  in- 
stead of  for  at  least  Five  hundred  thousand  dollars 
($500,000)  of  the  penalty  and  shall  justify  in  the  amount, 
instead  of  in  double  the  amount,  for  which  such  surety 

shall  be  bound,  and  that  the  said  bond  for  construction 
and  equipment  in  the  penalty  of  Five  million  dollars 
($5,000,000)  heretofore  given  by  the  Contractor  be  and 
the  same  hereby  is  accepted  by  the  Board  as  full  compli- 
ance with  the  requirements  of  the  contract  for  construc- 
tion and  operation  with  respect  to  the  bond  for  construe 
tion  and  equipment. 


232 

And  it  is  further  agreed  that  the  contract  for  construc- 
tion and  operation  be  and  the  same  is  hereby  further 
changed  and  modified  so  that  in  addition  to  the  matters 
therein  contained  the  same  shall  provide,  and  it  is  hereby 
agreed,  that  on  or  before  the  first  day  of  January,  1901, 
the  Contractor  shall  procure  the  Rapid  Transit  Subway 
Construction  Company,  one  of  the  sureties  on  the  said 
bond  or  the  Contractor,  to  deposit  with  the  said  Comp- 
troller an  additional  sum  of  One  million  dollars 
($1,000,000)  in  cash  or,  in  lieu  thereof,  securities  of  the 
kind  in  which  Savings  Banks  shall  then  be  permitted  to 
invest  their  funds  under  the  laws  of  this  State,  to  be  ap- 
proved by  the  Board,  and  of  the  value  of  One  million  dol- 
lars ($1,000,000),  and  that  thereafter  such  One  million 
dollars  ($1,000,000)  in  cash  or  securities  shall  be  held  by 
the  Comptroller  as  security  for  the  construction  and  equip- 
ment of  the  rapid  transit  railroad  as  provided  in  the  con- 
tract for  construction  and  operation  and  be  subject  in  all 
respects,  so  far  as  may  be,  to  the  provisions  of  the  con- 
tract for  construction  and  operation  with  respect  to  the 
said  bond  for  construction  and  equipment. 


233 

It  is  further  agreed  that  so  long  as  there  shall  be  no 
default  upon  the  said  bond  for  construction  and  equip- 
ment, said  Rapid  Transit  Subway  Construction  Company 
shall  be  entitled  to  receive  the  interest  which  may  become 
due  from  time  to  time  upon  any  securities  deposited  as 
hereinbefore  provided,  and  the  Comptroller  shall,  at  the 
request  of  the  said  Company,  detach  from  and  deliver  over 
to  it  or  upon  its  order,  any  coupons  or  interest  warrants 
for  such  interest  within  ten  days  before  the  same  shall 
from  time  to  time  become  due  and  payable,  and  in  case 
any  default  shall  occur  on  the  said  bond  for  construction 
and  equipment  the  City  shall  have  the  right  to  retain  any 
interest  which  may  thereafter  become  due  upon  the  said 
securities  and  apply  the  same  toward  making  good  such 
default  until  such  default  shall  be  made  good  and  after 
such  default  shall  be  made  good  then  the  interest  accruing 
on  said  securities  shall  be  paid  over  as  hereinbefore  pro- 
vided. 

And  it  is  further  agreed  that  the  said  Rapid  Transit 
Subway  Construction  Company  may,'  from  time  to  time, 
withdraw  any  of  the  securities  deposited  hereunder  upon 


234 

substituting  other  securities  of  the  kind  above  described 
and  of  equal  value  and  satisfactory  to  and  approved  by 
the  Board  or  upon  depositing  cash  to  an  amount  equal  in 
value  to  the  securities  so  withdrawn  and  may  thereafter 
withdraw  any  cash  so  deposited  upon  substituting  there- 
for securities  of  the  kind  above  described  and  satisfactory 
to  and  approved  by  the  Board  to  an  amount  equal  in  value 
to  the  cash  so  withdrawn. 

In  case  any  of  the  said  securities  shall  at  any  time  in  the 
opinion  of  the  Board  cease  to  be  of  the  character  of  se- 
curities in  which  the  Savings  Banks  of  the  State  of  New 
York  shall  then  be  authorized  by  law  to  invest  their  funds, 
then  within  twenty  days  after  notice  to  the  Contractor  and 
the  said  Rapid  Transit  Subway  Construction  Company, 
the  Contractor  shall  procure  the  said  Rapid  Transit  Sub- 
way Construction  Company  to  substitute  for  such  secur- 
ities other  securities  of  the  character  in  which  the  Savings 
Banks  of  the  State  of  New  York  are  then  authorized  by 
'law  to  invest  their  funds  and  of  equal  value  to  the  secur- 
ities so  objected  to. 

In  case  at  any  time  the  entire  amount  of  securities  shall, 


235 
in  the  opinion  of  the  Board,  become  of  less  value  than  the 

sum  of  One  million  dollars  ($1,000,000)  then  within  twen- 
ty days  after  notice  to  the  Contractor  and  the  said  Rapid 
Transit  Subway  Construction  Company,  the  Contractor 
shall  procure  the  said  Rapid  Transit  Subway  Construction 
Company  to  deposit  with  the  Comptroller  securities  or 
cash  under  the  terms  of  this  agreement  so  as  to  make  the 
total  deposit  of  the  full  value  of  One  million  dollars 
($1,000,000). 

And  it  is  further  agreed  that  the  contract  for  construc- 
tion and  operation  be  and  the  same  hereby  is  further 
changed  and  modified  so  that  the  same  shall  provide,  and 
it  is  hereby  agreed,  that  the  Contractor,  immediately  upon 
receiving  from  any  subcontractor  of  any  part  of  the  work 
provided  for  in  the  said  contract  bearing  even  date  here- 
with or  for  the  supply  of  any  material  as  therein  provided, 
any  bond  or  surety  obligation  of  any  kind  given  to  the 
Contractor  to  secure  the  performance  of  such  subcontract 
shall  forthwith  assign  to  the  City  in  form  to  be  approved 
by  the  Board,  the  beneficial  interest  of  the  Contractor  in 
such  bond  or  surety  obligation  so  to  be  given  by  such  sub- 


236 

contractor,  such  beneficial  interest  to  be  held  and  applied 
by  said  Board  for  the  City  as  additional  security  for  the 
performance  by  the  Contractor  of  the  contract  for  con- 
struction and  operation  so  far  as  it  requires  the  construc- 
tion and  equipment  of  the  rapid  transit  railroad  mentioned 
therein. 

And  it  is  further  agreed  that  the  contract  for  construc- 
tion and  operation  shall  be  further  modified  so  as  to  pro- 
vide, and  it  is  hereby  agreed,  that  any  default  on  the  part 
of  the  Contractor  in  any  of  the  provisions  in  this  supple- 
mentary agreement  provided  shall  in  all  respects  be 
deemed  to  be  a  default  on  the  part  of  the  Contractor  un- 
der the  contract  for  construction  and  operation  and  that 
such  default  shall  subject  the  Contractor  in  all  respects  to 
all  liability  in  the  contract  for  construction  and  operation 
prescribed  in  case  of  default. 

And,  WHEREAS,  The  City,  by  the  Board,  has  this  day 
given  to,  and  executed  with,  the  Contractor  and  Rapid 
Transit  Subway  Construction  Company  a  receipt  for  and 
agreement  bearing  even  date  herewith  regarding  certain 
securities  of  the  value  of  One  million  dollars  ($1,000,000) 


237 

to  be  held  as  security  for  any  liability  under  the  said  con- 
tinuing bond,  and  in  and  by  the  said  receipt  and  agree- 
ment, the  City,  acting  by  the  said  Board  and  the  Comp- 
troller of  the  City  of  New  York,  and  the  said  Rapid  Tran- 
sit Subway  Construction  Company  and  the  Contractor  did 
make  certain  stipulations  and  agreement  with  respect  to 
such  deposit, — 

It  is  further  agreed  that  the  said  contract  for  construc- 
tion and  operation  be  and  the  same  is  hereby  further 
changed  and  modified  so  as  to  provide  and  it  is  hereby 
agreed  that  any  default  on  the  part  of  the  Contractor  in 
the  performance  of  the  terms  and  stipulations  on  his  part 
contained  in  the  said  receipt  and  agreement  with  respect 
to  the  said  securities  shall  be  in  all  respects  deemed  a 
default  under  the  said  contract  for  construction  and  opera- 
tion of  the  Rapid  Transit  railroad. 

In  WttnCSe  WbCrCOf,  this  contract  has  been 
executed  for  the  City  of  New  York  by  its  Board  of  Rapid 
Transit  Railroad  Commissioners  under  and  by  a  resolu- 
tion duly  adopted  by  said  Board  concurred  in  by  more 
than  six  of  its  members,  and  the  seal  of  the  said-  Board 


238 

has  been  hereto  affixed  and  these  presents  signed  by  the 
president  and  secretary  of  the  said  Board  and  the  Con- 
tractor has  hereto  set  his  hand  and  seal  the  day  and  year 

first  above  written. 

THE    BOARD    OF    RAPID    TRANSIT   RAIL- 
ROAD COMMISSIONERS, 

By  A.  E.  ORR, 

PRESIDENT. 
[SEAL.] 

ATTEST  : 

BION  L.  BURROWS, 

SECY. 

JOHN  B.  McDONALD    [SEAL.] 


239 
STATE  OF  NEW  YORK, 


ss 
COUNTY  OF  NEW  YORK,  ' 

On  this  24th  day  of  February,  1900,  at  the  said  city, 
before  me  personally  appeared  Alexander  E.  Orr  and  Bion 
L.  Burrows,  to  me  known  and  known  to  me  to  be,  the 
said  Alexander  E.  Orr,  the  president,  and  the  said  Bion 
L.  Burrows,  the  secretary  of  the  Board  of  Rapid  Transit 
Railroad  Commissioners  of  the  City  of  New  York ;  and 
the  said  Alexander  E.  Orr  and  Bion  L,.  Burrows,  being 
by  me  duly  sworn,  did  depose  and  say,  each  for  himself 
and  not  one  for  the  other,  the  said  Alexander  E.  Orr,  that 
he  resided  in  the  Borough  of  Brooklyn,  in  the  said  City, 
that  he  was  president  of  the  said  Board  and  that  he  sub- 
scribed his  name  to  the  foregoing  contract  by  virtue  of  the 
authority  thereof;  and  the  said  Bion  L,.  Burrows  that  he 
resided  in  the  Borough  of  Brooklyn,  in  the  said  City  of 
New  York,  that  he  was  the  secretary  of  the  said  Board 
and  that  he  subscribed  his  name  thereto  by  like  authority ; 
and  both  the  said  Alexander  E.  Orr  and  Bion  L.  Burrows 
that  they  knew  the  seal  of  the  said  Board  and  that  the 
same  was  affixed  to  the  foregoing  instrument  by  the  au- 
thority of  the  said  Board  and  of  a  resolution  duly  adopt- 
ed by  the  same. 

And  on  the  same  day,  at  the  said  county,  before  me  duly 
appeared  John  B.  McDonald,  to  me  known  and  known 
to  me  to  be  the  person  and  Contractor  named  in  and  who 
executed  the  foregoing  contract,  and  acknowledged  to 
me  that  he  executed  the  same. 

A.W.ANDREWS,     (36) 

[NOTARIAL]  NOTARY  PUBLIC, 

[     SEAI,    ]  N.  Y.  Co. 


240 

,  being  the  sureties  of  John 
B.  McDonald,  the  Contractor  above  mentioned,  upon  the 
continuing  bond  in  the  penalty  of  One  million  dollars 
($1,000,000)  and  the  bond  for  construction  and  equip- 
ment respectively  in  the  penalty  of  Five  million  dollars 
($5,000,000)  hereby  consent  to  the  making  of  the  fore- 
going instrument. 

Dated  New  York,  2ist  February,  1900. 

RAPID  TRANSIT  SUBWAY 

CONSTRUCTION  COMPANY, 
AUGUST  BELMONT, 

PRESIDENT. 
[SEAL.] 

THE  UNITED  STATES  FIDELITY  & 
GUARANTY  COMPANY, 

By  ANDREW  FREEDMAN, 

VICE-PRESIDENT. 
[SEAL.] 

THE  CITY  TRUST,  SAFE  DEPOSIT 
AND  SURETY  COMPANY  OF 
PHILADELPHIA, 

By  JNO.  A.  SULLIVAN, 

VICE-PRESIDENT. 
[SEAL.] 
ATTEST  : 

P.  H.  MOONEY. 

ASST.  SECY. 

AMERICAN  SURETY  COMPANY  OF 
NEW  YORK, 

R.  A.  C.  SMITH, 

VICE-PRES. 

[SEAL.] 

WM.  A.  BRANOL, 
ASST.  SECY. 


241 


NATIONAL  SURETY  COMPANY, 

By  CHAS.  A.  DEAN, 

PRESIDENT. 


ATTEST  : 
HENRY  N.  CHILDS, 

ASST.  SECRETARY. 
PERRY  BELMONT.  [SEAL.] 


STATE  OF  NEW  YORK. 

y  gg 

COUNTY  OF  NEW  YORK, 

On  this  23d  day  of  February,  1900,  before  me  person- 
ally came  Perry  Belmont,  to  me  known  and  known  to  me 
to  be  the  individual  described  in  and  who  executed  the 
foregoing  instrument,  and  he  acknowledged  to  me  that  he 
executed  the  same. 

A.  W.  ANDREWS,     (36) 

[NOTARIAL]  NOTARY  PUBLIC, 

[     SEAL.     ]  N.  Y.  Co. 


STATE  OF  NEW  YORK,    ) 
COUNTY  OF  NEW  YORK,  j  ss> : 

On  this  23d  day  of  February,  1900,  before  me  personally 
appeared  Andrew  Freedman,  to  me  known,  who  being  by 
me  first  duly  sworn,  did  depose  and  say  that  he  was  Vice- 
President  of  United  States  Fidelity  &  Guaranty  Co.  of 
Maryland,  the  corporation  described  in  and  which  execut- 
ed the  foregoing  consent ;  that  he  knew  the  corporate  seal 
of  said  company ;  that  the  seal  affixed  to  said  consent  was 
such  corporate  seal ;  that  it  was  affixed  thereto  by  order  of 
the  Board  of  Directors  of  such  company,  and  that  he 
signed  his  name  thereto  by  like  authority.  And  also,  on 
the  23d  day  of  February,  1900,  before  me  personally  ap- 
peared John  A.  Sullivan,  to  me  known,  who  being  by  me 
first  duly  sworn,  did  depose  and  say  that  he  was  Vice- 
President  of  The  City  Trust,  Safe  Deposit  and  Surety 
Co.  of  Philadelphia,  the  corporation  described  in  and 
which  executed  the  foregoing  consent ;  that  he  knew  the 
corporate  seal  of  said  company;  that  the  seal  affixed  to 


242 

said  consent  was  such  corporate  seal;  that  it  was  affixed 
thereto  by  order  of  the  Board  of  Directors  of  such  com- 
pany, and*that  he  signed  his  name  thereto  by  like  author- 
ity. And  also,  on  the  23d  day  of  February,  1900,  before 
me  personally  appeared  Robert  A.  C.  Smith,  to  me  known, 
who  being  by  me  first  duly  sworn,  did  depose  and  say 
that  he  was  Vice-President  of  American  Surety  Company 
of  New  York,  the  corporation  described  in  and  which 
executed  the  foregoing  consent;  that  he  knew  the  cor- 
porate seal  of  said  company ;  that  the  seal  affixed  to  said 
consent  was  such  corporate  seal ;  that  it  was  affixed 
thereto  by  order  of  the  Board  of  Directors  of  such  com- 
pany, and  that  he  signed  his  name  thereto  by  like  author- 
ity. And  also,  on  the  23d  day  of  February,  1900,  before 
me  personally  appeared  Charles  A.  Dean,  to  me  known, 
who  being  by  me  first  duly  sworn,  did  depose  and  say 
that  he  was  President  of  National  Surety  Company,  the 
corporation  described  in  and  which  executed  the  foregoing 
consent ;  that  he  knew  the  corporate  seal  of  said  company ; 
chat  the  seal  affixed  to  said  consent  was  such  corporate 
seal ;  that  it  was  affixed  thereto  by  order  of  the  Board  of 
Directors  of  such  company,  and  that  he  signed  his  name 
thereto  by  like  authority.  And  also,  on  the  24th  day  of 
February,  1900,  before  me  personally  appeared  August 
Belmont,  to  me  known,  who  being  by  me  first  duly  sworn, 
did  depose  and  say  that  he  was  President  of  Rapid  Transit 
Subway  Construction  Company,  the  corporation  described 
in  and  which  executed  the  foregoing  consent ;  that  he 
knew  the  corporate  seal  of  said  company;  that  the  seal 
affixed  to  said  consent  was  such  corporate  seal ;  that  it  was 
affixed  thereto  by  order  of  the  Board  of  Directors  of  such 
company,  and  that  he  signed  his  name  thereto  by  like  au- 
thority. 

A.  W.  ANDREWS,     (36) 

[NOTARIAL]  NOTARY  PUBLIC, 

[     SEAL.     ]  N.  Y.  Co. 

THE  FOREGOING  CONTRACT  is  HEREBY  APPROVED  AS  TO 
FORM. 
DATED,  NEW  YORK,  2IST  DAY  OF  FEBRUARY,  1900. 

JOHN  WHALEN, 
Corporation  Counsel  of  the  City  of  New  York. 


243 

Form  of    Receipt  ami   Agreement  as  to  Deposit  of 

$1,OOO,OOO  on  the  Continuing  Bond. 

• 

WHEREAS  by  the  terms  of  a  contract  for  construction 
and  operation  of  a  rapid  transit  railroad,  made  the  2ist 
day  of  February,  1900,  by  and  between  the  City  of  New 
York,  acting  by  the  Board  of  Rapid  Transit  Railroad 
Commissioners  for  the  City  of  New  York  (hereinafter 
called  the  Rapid  Transit  Board),  and  John  B.  McDonald, 
of  said  City,  it  is  provided  that  simultaneously  with  the 
execution  of  the  said  contract,  the  said  John  B.  McDonald 
shall  file  with  the  Comptroller  of  the  City  of  New  York 
a  bond  executed  by  the  said  John  B.  McDonald  and  by 
sureties  approved  by  the  Board  in  the  sum  of  One  million 
dollars  ($1,000,000)  in  the  form  provided  in  said  con- 
tract, which  bond  is  therein  referred  to  as  a  "continuing 
bond" ;  and 

WHEREAS,  Rapid  Transit  Subway  Construction  Com- 
pany has  been  duly  incorporated  under  the  Business  Cor- 
porations Laws  of  New  York  for  the  purpose  of  aiding  in 
the  construction  of  Rapid  Transit  Railroads  in  the  City 
of  New  York  ;  and 

WHEREAS,  the  said  Company  has  under  agreement  with 
said  John  B.  McDonald  procured  a  surety  for  him  upon 
the  said  continuing  bond  ;  and 

WHEREAS,  It  has  been  agreed  between  the  said  Rapid 
Transit  Board  of  the  one  part  and  the  said  John  B.  Mc- 
Donald, the  contractor,  and  the  said  Rapid  Transit  Sub- 
way Construction  Company  of  the  other  part,  that  the 
said  last  named  Company  or  the  Contractor  shall  contem- 
poraneously with  the  execution  of  the  said  continuing 
bond  deposit  with  the  Comptroller  of  the  City  of  New 
York  securities  of  the  kind  in  which  Savings  Banks  of 
this  State  are  authorized  by  law  to  invest  their  funds, 
and  to  be  approved  by  the  said  Board  and  to  be  of  the 
value  of  One  million  dollars  ($1,000,000),  which  so  far 


244 

as  may  be  necessary,  the  City  shall  apply  in  payment  and 
satisfaction  of  the  said  bond  in  case  any  liability  shall 
arise  thereon,  and  the  said  Rapid  Transit  Board  has  fur- 
ther agreed  that,  in  case  the  Legislature  shall  amend  the 
Rapid  Transit  Act  by  permitting  the  deposit  of  securities 
in  lieu  of  the  said  continuing  bond  and  the  acceptance  of 
securities  and  the  cancellation  and  return  of  said  bond 
as  hereinafter  provided,  then  the  said  Board  will  accept 
the  said  securities  as  a  deposit  in  lieu  of  the  said  bond 
and  will  then  cancel  and  return  the  same ;  and 

WHEREAS,  The  said  Company  has  procured  the  said 
continuing  Bond  to  be  duly  executed  by  a  surety  satisfact- 
ory to  the  said  Rapid  Transit  Board,  who  has  justified  in 
double  the  amount  of  the  penalty  of  the  said  bond,  and 
said  Company  has  deposited  with  the  Comptroller  of  the 
City  of  New  York  securities  approved  by  the  said  Board 
of  the  value  of  One  million  dollars  ($1,000,000) 

1ROW,    therefore,    the     said  City  of    New   York 

does  hereby  acknowledge  that  the  Comptroller  thereof 

has  under  this  agreement  received  from  Rapid  Transit 

Subway  Construction  Company  the  following  securities, 

to  wit : 

$200,000.  New  York  City  Consolidated  Stock,  "Dock" 
$%  int.  payable  May  &  November — due  Nov. 
i,  1924. 

$100,000.  New  York  City  Consolidated  Stock  "Dock" 
3%  int.  payable  May  &  November — due  Nov. 
ist,  1914. 

$100,000.  New  York  City  Consolidated  Stock  "School 
House"  3%  interest  payable  May  &  November 
— due  November  i,  1908. 

$250,000.  New  York  City  Corporate  Stock  "Aqueduct" 
Zl/2%  interest  payable  April  &  October— due 
Oct.  ist,  1919. 

$250,000.  Illinois  Central  R.  R.  Co.,  St.  Louis  Division 
&  Terminal  ist  Mtge.  Gold  3%.  Interest  pay- 
able January  &  July — due  July  i,  1951. 

$100,000.  Illinois  Central  R.  R.  Co.,  Louisville  Division 
&  Terminal  ist  Mtge.  Gold  ^l/2%  interest  pay- 
able January  &  July — due  July  I.  1953. 


245 

$2O,ooo.  Illinois  Central  R.  R.  Co.,  Western  Lines  ist 
Mtge.  Gold  4%  interest  payable  February  & 
August  —  due  Augt.  I,  1951. 

being  the  present  market  value  of  One  million  and  twenty- 
six  thousand  three  hundred  and  eighty-six  and  35-100 
dollars  ($1,026,386.35-100),  IN  CONSIDERATION  WHERE- 
OF the  said  City  hereby  agrees  that  in  case  any  liability 
shall  at  any  time  arise  upon  the  said  continuing  bond  the 
City,  in  such  manner  as  may  be  approved  by  the  Rapid 
Transit  Board  but  upon  written  notice  of  at  least  ten 
days,  may  sell  said  securities  or  so  much  thereof  as  may 
be  necessary  to  pay  any  sum  which  may  be  or  become  due 
upon  said  bond  and  apply  the  same  to  the  payment  of  such 
liability  and  any  such  payment  shall  operate  to  relieve  the 
surety  upon  the  said  continuing  bond  to  the  same  extent 
as  if  he  had  made  such  payment. 


lit  16  flirtber  a0reefc  that  in  case  the  legislat- 
ure shall  pass  an  act  amending  chapter  four  of  the  laws 
of  eighteen  hundred  and  ninety-one,  known  as  the  Rapid 
Transit  Act,  by  permitting  the  deposit  of  cash  or  securities 
in  lieu  of  the  said  continuing  bond,  and  the  cancellation 
and  return  of  the  said  bond  as  hereinafter  provided,  then 
and  in  such  case  the  said  Rapid  Transit  Board  shall  ac- 
cept the  securities  aforesaid,  or  any  other  securities  of  the 
kind  above  mentioned,  and  of  the  value  of  not  less  than 
One  million  dollars  ($1,000,000)  approved  by  the  said 
Board,  or  the  sum  of  One  million  dollars  ($1,000,000)  in 
cash,  as  a  deposit  in  lieu  of  said  bond,  and  shall  then  can- 
cel and  return  the  said  continuing  bond. 


lit  10  fUrtbCr  a^rC^  that  so  long  as  there 
shall  be  no  default  upon  the  said  continuing  bond  the  said 
Rapid  Transit  Subway  Construction  Company  shall  be  en- 
titled to  receive  the  interest  which  may  become  due  from 
time  to  time  upon  the  securities  deposited  as  herein  pro- 
vided, and  the  Comptroller  shall  at  the  request  of  the  said 
Company  detach  from  and  deliver  over  to  it  or  upon  its 
order  any  coupons  or  interest  warrants  for  such  interest 
within  ten  days  before  the  same  shall  from  time  to  time 
become  due  and  payable.  And  in  case  any  default  shall 


246 

occur  on  the  said  continuing  bond  the  City  shall  have  the 
right  to  retain  any  interest  which  may  thereafter  become 
due  upon  the  said  securities  and  apply  the  same  in  making 
good  such  default  until  such  default  shall  be  made  good, 
and  after  such  default  shall  be  made  good,  then  the  inter- 
est accruing  on  said  securities  shall  be  paid  over  as  here- 
inbefore provided. 

And  it  is  further  agreed  that  the  said  Rapid  Transit 
Subway  Construction  Company  may,  from  time  to  time, 
withdraw  any  of  the  securities  deposited  hereunder  upon 
substituting  other  securities  of  the  kind  above  described 
and  of  equal  value  and  satisfactory  to  and  approved  by  the 
Board  or  upon  depositing  cash  to  an  amount  equal  in 
value  to  the  securities  so  withdrawn  and  may  thereafter 
withdraw  any  cash  so  deposited  upon  substituting  therefor 
securities  of  the  kind  above  described  and  satisfactory  to 
and  approved  by  the  Board  to  an  amount  equal  in  value 
to  the  cash  so  withdrawn. 

In  case  any  of  the  said  securities  shall  at  any  time,  in 
the  opinion  of  the  Board,  cease  to  be  of  the  character  of 
securities  in  which  the  Savings  Banks  of  the  State  of  New 
York  are  then  authorized  by  law  to  invest  their  funds, 
then  within  twenty  days  after  notice  to  the  Contractor  and 
the  Rapid  Transit  Subway  Construction  Company,  the 
Contractor  and  the  said  Rapid  Transit  Subway  Construc- 
tion Company  shall  substitute  for  such  securities  other 
securities  of  the  character  in  which  the  Savings  Banks  of 
the  State  of  New  York  are  then  authorized  by  law  to  in- 
vest their  funds  and  of  equal  values  to  the  securities  so 
objected  to. 

In  case  the  entire  amount  of  securities  shall,  in  the 
opinion  of  the  Board,  become  of  less  value  than  the  sum 
of  One  million  dollars  ($1,000,000),  then  within  twenty 
days  after  notice  to  the  Contractor  and  the  said  Rapid 
Transit  Subway'  Construction  Company,  the  Contractor 
and  the  said  Rapid  Transit  Subway  Construction  Com- 
pany shall,  under  the  terms  of  this  agreement,  deposit  se- 
curities or  cash  so  as  to  make  the  total  deposit  of  the  full 
value  of  One  million  dollars  ($1,000,000),  Provided,  how- 
ever, and  it  is  expressly  agreed  that  the  obligations  here- 


247 

under  of  the  Contractor  and  the  Rapid  Transit.  Subway 
Construction  Company  shall  be  joint  and  several. 


Htl  Witne00  WbereOf,  this  instrument  has  been 
executed  for  the  City  of  New  York  by  its  Board  of  Rapid 
Transit  Railroad  Commissioners  under  and  by  a  resolution 
duly  adopted  by  the  said  Board  with  the  concurrence  of 
more  than  six  of  its  members  and  the  seal  of  the  said 
Board  has  been  hereto  affixed  and  these  presents  signed 
by  the  President  and  Secretary  of  the  said  Board,  and  the 
Comptroller  of  the  City  of  New  York  has  signed.  this  in- 
strument, and  the  Contractor,  John  B.  McDonald,  has 
signed  this  instrument,  and  Rapid  Transit  Subway  Con- 
struction Company  has  caused  its  corporate  seal  to  be 
hereto  affixed  and  these  presents  to  be  signed  by  its  presi- 
dent and  secretary,  all  the  day  and  year  first  above  written. 

THE  BOARD  OF  RAPID  TRANSIT  RAIL- 
ROAD COMMISSIONERS, 

By  A.  E.  ORR, 

PRESIDENT. 
[SEAL.] 
ATTEST  : 

BION  L.  BURROWS, 

SECY. 
BIRD  S.  COLER, 

COMPTROLLER  OF  THE  CITY  OF  NEW  YORK. 

JOHN  B.  MCDONALD.  [SEAL.] 

RAPID  TRANSIT  SUBWAY 
CONSTRUCTION  COMPANY, 

By  AUGUST  BELMONT, 

PRESIDENT. 
[SEAL.] 
ATTEST  : 

FREDERICK  EVANS, 

SECRETARY. 


248 

STATE  OF  NEW  YORK,   ) 
COUNTY  OP  NEW  YORK,  j   ss> ' 

On  this  24th  day  of  February.  1900,  at  the  said  city. 
before  me  personally  appeared  Alexander  E.  Orr  and 
Bion  L.  Burrows,  to  me  known  and  known  to  me  to  be, 
the  said  Alexander  E.  Orr,  the  president,  and  the  said 
Bion  L.  Burrows,  the  secretary  of  the  Board  of  Rapid 
Transit  Railroad  Commissioners  of  the  City  of  New  York  ; 
and  the  said  Alexander  E.  Orr  and  Bion  L.  Burrows,  be- 
ing by  me  duly  sworn,  did  depose  and  say,  each  for  him- 
self and  not  one  for  the  other,  the  said  Alexander  E.  Orr, 
that  he  resided  in  the  Borough  of  Brooklyn,  in  the  said 
City,  that  he  was  the  president  of  the  said  Board  and  that 
he  subscribed  his  name  to  the  foregoing  contract  by  virtue 
of  the  authority  thereof;  and  the  said  Bion  L.  Burrows 
that  he  resided  in  the  Borough  of  Brooklyn,  in  the  said 
City  of  New  York,  that  he  was  the  secretary  of  the  said 
Board  and  that  he  subscribed  his  name  thereto  by  like  au- 
thority ;  and  both  the  said  Alexander  E.  Orr  and  Bion  L. 
Burrows  that  they  knew  the  seal  of  the  said  Board  and 
that  the  same  was  affixed  to  the  foregoing  instrument  bv 
the  authority  of  the  said  Board  and  of  a  resolution  duly 
adopted  by  the  same. 

And  on  the  same  day,  at  the  said  county,  before  me  duly 
appeared  John  B.  McDonald,  to  me  known  and  known  to 
me  to  be  the  person  and  Contractor  named  in  and  who 
executed  the  foregoing  contract,  and  acknowledged  to 
me  that  he  executed  the  same. 

A.  W.  ANDREWS,     (36) 

[NOTARIAL]  NOTARY  PUBLIC, 

[     SEAL.     ]  N.  Y.  Co. 


249 

STATE  of  NEW  YORK. 


K,      1 

RK,  j 


SS 

COUNTY  of  NEW  YORK,  r 

On  this  twenty-fourth  day  of  February,  Nineteen  hun- 
dred, before  me  personally  appeared  BIRD  S.  COLER,  to 
me  known  and  known  to  me  to  be  the  Comptroller  of  the 
City  of  New  York,  and  to  me  acknowledged  that  he  exe- 
cuted the  foregoing  instrument  as  such  Comptroller. 

IN  WITNESS  WHEREOF  I  have  hereunto  set  my  hand  and 
affixed  my  Notarial  seal  the  day  and  year  aforesaid. 

A.  W.  ANDREWS,     (36) 

[NOTARIAL]  NOTARY  PUBLIC, 

[     SEAL.     ]  N.  Y.  Co. 


STATE  OF  NEW  YORK, 
COUNTY  OF  NEW  YORK, 

On  this  twenty-fourth  day  of  February,  Nineteen  hun- 
dred, before  me  personally  appeared  AUGUST  BELMONT, 
to  me  known,  who  being  by  me  first  duly  sworn,  did  de- 
pose and  say  that  he  was  the  President  of  RAPID  TRANSIT 
SUBWAY  CONSTRUCTION  COMPANY  ;  that  he  knew  the  cor- 
porate seal  of  said  Company;  that  the  seal  affixed  to  the 
foregoing  instrument  was  such  corporate  seal ;  that  the 
same  was  affixed  by  order  of  the  Board  of  Directors  of 
said  Company,  and  that  he  signed  his  name  thereto  as 
President  by  like  authority. 

IN  WITNESS  WHEREOF  I  have  hereunto  set  my  hand 
and  affixed  my  Notarial  seal  the  day  and  year  aforesaid. 

A.  W.  ANDREWS,     (36) 
[NOTARIAL]  NOTARY  PUBLIC, 

[     SEAL.     ]  N.  Y.  Co. 


250 
Copy  Stipulation. 

SUPREME  COURT, 
APPELLATE;  DIVISION,  FIRST  DEPARTMENT. 


In  the  Matter 

OF 

The  Application  of  the  BOARD  OF 
RAPID  TRANSIT  RAILROAD  COMMIS- 
SIONERS FOR  THE  CITY  OF  NEW  YORK 
for  the  appointment  of  three  Com- 
missioners to  determine  whether  a 
Rapid  Transit  Railway  or  Railways 
for  the  transportation  of  persons  and 
property  as  determined  by  said 
Board  ought  to  be  constructed  and 
operated. 


The  Board  of  Rapid  Transit  Railroad  Commissioners 
of  the  City  of  New  York,  hereinafter  called  the  Rapid 
Transit  Board,  does  hereby  stipulate  as  follows : 

The  Rapid  Transit  Board  will  insert  in  any  contract 
it  shall  make  for  the  construction,  equipment  and  opera- 
tion of  the  Rapid  Transit  Railroad  described  in  the  appli- 
cation herein  to  the  Appellate  Division  a  requirement 
that,  to  make  the  contract  operative  as  against  the  City 
of  New  York,  the  contractor  or  contractors  shall  give 
security  at  the  least  as  follows : 


i.  A  bond  pursuant  to  Sect.  34  of  the  Rapid  Transit  Act 
in  the  penalty  of  at  least  One  million  dollars 
($1,000,000)  which  shall  be  a  continuing  security 
and  shall  provide  for  the  prompt  payment  by  the 


contracting  person,  firm  or  corporation  of  the 
amount  of  annual  rental  specified  in  the  contract, 
.and  also  for  the  faithful  performance  by  said  con- 
tracting person,  firm  or  corporation  of  all  the  condi- 
tions, covenants  and  requirements  specified  and  pro- 
vided for  in  said  contract  and  further  providing  that 
such  contracting  person,  firm  or  corporation  and  his 
or  its  bondsmen,  shall,  in  the  case  of  default  on  the 
part  of  such  contractor  provided  in  said  Sect.  34, 
be  and  continue  jointly  and  severally  liable  to  the 
City  of  New  York  for  the  amount  of  the  deficiency 
therein  mentioned  until  the  end  of  the  full  term  for 
which  the  said  contract  shall  have  been  originally 
made. 

2.  A  bond  in  the  penalty  of  at  least  Five  million  dollars 
($5,000,000)  which  shall  provide  that  the  contrac- 
tor or  contractors  shall  fully  perform  the  said  con- 
tract so  far  as  the  same  requires  the  construction  and 
equipment  of  the  railroad,  such  bond  to  be  executed 
by  two  or  several  persons  or  corporations,  each  one 
being  bound  for  at  least  Five  hundred  thousand  dol- 
lars ($500,000)  of  the  penalty,  and  all  taken  together 
being  bound  for  at  least  Five  million  dollars 
($5,000,000)  and  each  justifying  in  double  the 
amount  for  which  such  person  or  corporation  shall 
be  bound. 


In  witness  whereof,  the  Board  of  Rapid  Transit  Rail- 
road Commissioners  has  caused  this  stipulation  to  be 
signed  by  its  President  and  Secretary  and  its  official  seal 
to  be  hereunto  affixed  at  the  City  of  New  York,  within 


252 

the  County  of  New  York,  on  this  I3th  day  of  Novem- 
ber, 1899. 

THE   BOARD  OF  RAPID  TRANSIT  RAILROAD 
COMMISSIONERS, 

By  ALEXANDER  E.  ORR, 

President. 
[SEAL.] 

BEN.  L.  BURROWS, 
Secretary. 


The  City  of  New  York 

By  its  Rapid  Transit  Board, 


WITH 


John  B.  HcDonald 

Contractor. 


AGREEMENT 

Modifying    Contract    for    Construction    and 
Operation  of  Rapid'  Transit  Railroad. 


Dated,  June  aist,  igoo. 
Executed,  August  3,  1900. 


Ft.  George  Change  of  Route.  257 

made  this  2ist  day  of  June  in  the  year 
Nineteen  hundred,  between  the  City  of  New  York  (here- 
inafter called  the  City)  acting  by  the  Board  of  Rapid 
Transit  Railroad  Commissioners  for  The  City  of  New 
York  (hereinafter  called  the  Board),  party  of  the  first 
part,  and  John  B.  McDonald,  of  The  City  of  New  York 
(hereinafter  called  the  Contractor),  party  of  the  second 
part: 

Whereas,  Heretofore,  and  on  or  about  the  2ist  day  of 
February,  1900,  the  City,  acting  by  the  Board,  entered 
into  a  contract  with  the  Contractor  for  the  construction 
and  operation  of  a  Rapid  Transit  Railroad  in  the  City  of 
New  York  and  otherwise  as  therein  mentioned,  the  said 
contract  being  hereinafter  styled  the  Contract  for  Con- 
struction and  Operation ;  and 

Whereas,  On  or  about  the  2ist  day  of  February,  1900. 
and  immediately  after  the  execution  of  the  contract  for 
construction  and  operation,  the  City,  acting  by  the  Board, 
entered  into  a  contract  with  the  Contractor  modifying  the 
said  contract  for  construction  and  operation,  the  said 
modifying  contract  being  hereinafter  styled  the  Agree- 
ment  for  Modification  of  Contract ;  and 


258  Ft.  George  Change  of  Route. 

Whereas,  The  Contractor  has  deposited  with  the  Comp- 
troller of  the  City  certain  security  for  the  performance  of 
the  said  contract  for  construction  and  operation  on  his 
part,  and  has  given  certain  bonds  as  further  security  for 
such  performance,  and  upon  such  bonds  there  are  sureties 
as  follows:  Rapid  Transit  Subway  Construction  Com- 
pany ;  The  United  States  Fidelity  &  Guaranty  Company ; 
The  City  Trust  Safe'  Deposit  and  Surety  Company  of 
Philadelphia ;  American  Surety  Company  of  New  York ; 
National  Surety  Company,  and  Perry  Belmont ;  and 

Whereas,  The  Contractor  desires,  and  the  Board  ap- 
proves, a  modification  of  the  Routes  and  General  Plan  for 
the  Rapid  Transit  Railroad  referred  to  in  the  said  contract 
for  the  construction  and  operation,  as  set  forth  in  certain 
resolutions  adopted  by  the  Board  on  2ist  June,  1900,  a 
copy  of  which  is  hereto  annexed. 

Now,  therefore,  in  consideration  of  the  premises  and 
subject  to  the  consents  hereinafter  provided, 

It  is  agreed  that  the  said  contract  for  construction  and 
operation,  and  the  routes  and  general  plan  therein  men- 
tioned, be  and  the  same  hereby  are  modified  as  follows : 

By  striking  from  the  said  routes  the  portion  thereof  be- 


Ft.  George  Change  of  Route.  259 

ginning  at  a  point  under  Eleventh  avenue  on  the  centre 
line  thereof  produced  and  eleven  hundred  and  five  feet 
north  of  the  centre  line  of  One  Hundred  and  Ninetieth 
street,  and  running  thence  under  or  over  (as  may  be  most 
convenient)  private  property  to  a  point  at  the  southeast 
end  of  Ellwood  street,  near  Hillside  street,  and  thence 
over  Ellwood  street  to  Kingsbridge  avenue  or  Broadway ; 
thence  over  Kingsbridge  avenue  or  Broadway  as  now 
proposed  to  a  point  at  or  near  its  intersection  with  Am- 
sterdam avenue  and  south  of  Riverdale  avenue;  and  bv 
inserting  in  the  said  routes  instead  of  the  portion  thereof 
thus  struck  out  the  following,  to  wit. : 

Beginning  at  the  point  under  Eleventh  avenue  on  the 
centre  line  thereof  produced  above  named,  namely  eleven 
hundred  and  five  feet  north  of  the  centre  line  of  One  Hun- 
dred and  Ninetieth  street,  and  running  thence  under  and 
over  Eleventh  avenue  and  private  property  to  Naegle  ave- 
nue ;  thence  along  and  over  Naegle  avenue  to  Amsterdam 
avenue ;  thence  along  and  over  Amsterdam  avenue  to  the 
said  point  at  or  near  its  intersection  with  Kingsbridge 
avenue  or  Broadway,  and  south  of  Riverdale  avenue  as 
aforesaid. 


260  Ft.  George  Change  of  Route. 

The  general  plan  of  construction  of  the  portion  of  the 
route  hereby  substituted  shall  be  as  follows : 

The  tracks  shall  be  placed  in  tunnel  from  the  south  end 
of  said  portion  to  a  point  on  private  property  between 
Eleventh  and  Naegle  avenues,  within  200  feet  from  the 
westerly  side  of  Eleventh  avenue,  and  northerly  over  the 
rest  of  the  portion  of  the  route  hereby  substituted,  shall  be 
carried  upon  a  viaduct.  There  shall  be  at  least  two  par- 
allel tracks,  with  the  right  at  any  time  to  add  a  third  track 
in  the  discretion  of  the  Board  of  Rapid  Transit  Railroad 
Commissioners. 

And  it  is  further  agreed  that  in  all  other  respects  the 
provisions  of  the  general  plan  of  construction  set  forth  in 
the  said  contract  for  construction  and  operation  shall  be 
applicable  to  the  portion  of  the  route  hereby  substituted. 

And  it  is  further  agreed  that  the  contractor  shall  become 
entitled  to  additional  payment  for  such  additional  work 
and  materials  as  shall  be  made  necessary  by  the  changes 
hereby  provided,  and  the  City  shall  become  entitled  to 
abatement  from  the  contract  price  by  reason  of  the  dimin- 
ution in  work  and  materials  by  reason  of  such  changes, 


Ft.  George  Change  of  Route.  261 

the  amounts  of  such  additional  payments  and  such  diminu- 
tions to  be  determined  as  provided  in  chapter  II.  of  the 
said  contract  for  construction  and  operation. 

Provided,  however,  and  it  is  expressly  agreed  that  this 
agreement  shall  take  effect  when  and  only  when  the  fol- 
lowing consents  hereto  and  approvals  hereof  shall  be  duly 
had,  to  wit: 

1.  The  consents,  as  subjoined,  of  Rapid  Transit  Sub- 
way Construction  Company,  The  United  States  Fidelity 
and  Guaranty  Company,  The  City  Trust,  Safe  Deposit  and 
Surety  Company  of  Philadelphia,  The  American  Surety 
Company  of  New  York,  National  Surety  Company,  and 
Perry  Belmont. 

2.  The  consent  of  the  Municipal  Assembly  of  The  City 
of  New  York. 

3.  The  consent  of  the  Mayor  of  The  City  of  New  York. 

4.  The  consent  of  the  owners  of  a  majority  in  value  of 
the  property  along  streets  or  such  portions  of  streets  as 
are  included  in  the  portion  of  routes  by  this  agreement 
proposed  to  be  substituted  as  aforesaid ;  or  if  such  consent 


262  Ft.  George  Change  of  Route. 

cannot  be  obtained,,  then  in  lieu  thereof  the  determination 
of  three  Commissioners,  to  be  appointed  by  the  Appellate 
Division  of  the  Supreme  Court,  duly  confirmed  by  the 
said  Appellate  Division. 

The  plan  hereto  annexed  is  intended  to  show  the  modifi- 
cation of  the  routes  as  hereby  proposed. 

In  Witness  Whereof,  this  contract  has  been  exe- 
cuted for  The  City  of  New  York,  by  its  Board  of 
Rapid  Transit  Railroad  Commissioners,  under 
and  bv  a  resolution  duly  adopted  by  said  Board, 
concurred  in  by  more  than  six  of  its  members, 
and  the  seal  of  the  said  Board  has  been  hereto 
affixed  and  these  presents  signed  by  the  President 
and  Secretary  of  the  said  Board,  and  the  con- 
tractor has  hereto  set  his  hand  and  seal  the  day 
and  year  first  above  written. 

JOHN  B.  MCDONALD, 

BOARD  OF  RAPID  TRANSIT  RAILROAD 
COMMISSIONERS  FOR  THE  CITY  OF  NEW 

YORK, 

[SEAL.]  By  A.  E.  ORR, 

ATTEST  :  PRESIDENT. 

BION  L.  BURROWS,  SECRETARY. 


Ft.  George  Change  of  Route.  263 

STATE  OF  NEW  YORK, 


,1 


ss 
COUNTY  OF  NEW  YORK    ' 


On  this  3  ist  day  of  October,  1900,  at  the  City  of  New 
York,  in  said  County,  before  me  personally  appeared 
Alexander  E.  Orr  and  Bion  L.  Burrows,  to  me  known 
and  known  to  me  to  be,  the  said  Alexander  E.  Orr,  the 
President,  and  the  said  Bion  L.  Burrows,  the  Secretary,  of 
the  Board  of  Rapid  Transit  Railroad  Commissioners  of 
the  City  of  New  York ;  and  the  said  Alexander  E.  Orr  and 
Bion  L.  Burrows,  being  by  me  duly  sworn,  did  depose 
and  say,  each  for  himself  and  not  one  for  the  other,  the 
said  Alexander  E.  Orr,  that  he  resided  in  the  Borough 
of  Brooklyn,  in  the  said  City,  that  he  was  the  President 
of  the  said  Board,  and  that  he  subscribed  his  name  to  the 
foregoing  contract  by  virtue  of  the  authority  thereof; 
and  the  said  Bion  L.  Burrows,  that  he  resided  in  the  Bor- 
ough of  Brooklyn,  in  the  said  City,  that  he  was  the  Sec- 
retary of  the  said  Bo,ard,  and  that  he  subscribed  his  name 
thereto  by  like  authority;  and  both  the  said  Alexander 
E.  Orr  and  Bion  L.  Burrows,  that  they  knew  the  seal 
of  the  said  Board,  and  that  the  same  was  affixed  to 
the  foregoing  instrument  by  the  authority  of  the  said 
Board,  and  of  a  resolution  duly  adopted  by  the  same. 

STEPHEN  CONNELL, 

[SEAL.]  NOTARY  PUBLIC  (163), 

N.  Y.  Co. 


264  Ft.  George  Change  of  Route. 


STATE  OF  NEW  YORK, 
COUNTY  OF  NEW  YORK 


-jss.: 


On  this  3d  day  of  August,  1900,  before  me  personally 
appeared  John  B.  McDonald,  to  me  known  and  known  to 
me  to  be  the  person  and  contractor  named  in  and  who 
executed  the  foregoing  contract,  and  acknowledged  to  me 
that  he  executed  the  same. 

FREDERICK  EVANS, 
[SEAL.]  NOTARY  PUBLIC  No.  58, 

New  York  County,  N.  Y. 


The  undersigned,  being  the  sureties  of  John  B.  McDon- 
ald, the  contractor  above  mentioned  upon  the  continuing 
bond  in  the  penalty  of  one  million  dollars   ($1,000,000) 
and  the  bond  for  construction  and  equipment  in  the  pen- 
alty of  five  million  dollars   ($5,000,000),  hereby  consent 
to  the  making  of  the  foregoing  instrument. 
Dated  New  York,  June  21,  1900. 
RAPID  TRANSIT  SUBWAY 

CONSTRUCTION  COMPANY, 
[SEAL.]  By  AUGUST   BELMONT, 

PRESIDENT. 


Ft.  George  Change  of  Route.  265 

THE  UNITED  STATES  FIDELITY 
AND  GUARANTY  COMPANY, 

[SEAL.]  By  JOHN  B.  BLAND, 

ATTEST  :  PRESIDENT. 

WYLLYS  BENEDICT, 

ATTORNEY  IN  FACT. 


NATIONAL  SURETY.  COMPANY, 

[SEAL.]  By  CHAS.  A.  DEAN, 

ATTEST  :  PRESIDENT. 

HENRY  M.  CHILDS, 

SECRETARY. 


THE  CITY  TRUST,  SAFE  DEPOSIT 
AND  SURETY  COMPANY  OF 
PHILADELPHIA, 

160  Broadway,  N.  Y., 

[SEAL.]  JNO.  A.  SULLIVAN, 

VICE-PRESIDENT. 

P.  H.  MOONEY, 
ASSISTANT  SECRETARY. 


AMERICAN  SURETY  COMPANY  OF 

NEW  YORK, 
[SEAL.]  By  H.  D.  LYMAN, 

ATTEST  :  PRESIDENT. 

G.  M.  SWENEY, 

SECRETARY. 

[SEAL.]  PERRY  BELMONT. 


266  Ft.  George  Change  of  Route. 

STATE  OF  NEW  YORK, 


co 

COUNTY  OF  NEW  YORK,    ' 

On  the  1 8th  day  of  September,  1900,  before  me  person- 
ally appeared  Perry  Belmont,  to  me  known  and  known  10 
me  to  be  the  individual  described  in  and  who  executed  the 
foregoing  consent,  and  he  acknowledged  to  me  that  he 
executed  the  same. 

HARRY  M.  AUSTIN, 

[NOTARIAL]  NOTARY  PUBLIC, 

[     SEAL.     ]  Queens  County. 

Certificate  filed  in  New  York  County. 


STATE  OF  NEW  YORK, 
COUNTY  OF  NEW  YORK, 

On  this  4th  day  of  August,  1900,  before  me  personally 
appeared  John  H.  Brand,  to  me  known,  who,  being  by  me 
first  duly  sworn,  did  depose  and  say  that  he  was  the  Presi- 
dent of  United  States  Fidelity  and  Guaranty  Company 
of  Maryland,  the  corporation  described  in  and  which  exe- 
cuted the  foregoing  consent ;  that  he  knew  the  corporate 
seal  of  said  company ;  that  the  seal  affixed  to  said  consent 
was  such  corporate  seal ;  that  it  was  affixed  thereto  by  or- 
der of  the  Board  of  Directors  of  such  company,  and  that 
he  signed  his  name  thereto  by  like  authority.  And  also, 
on  the  6th  day  of  August,  1900,  before  me  personally  ap- 
peared John  A.  Sullivan,  to  me  known,  who,  being  by  me 
first  duly  sworn,  did  depose  and  say  that  he  was  the  Vice- 
President  of  the  City  Trust,  Safe  Deposit  and  Surety  Com- 
pany of  Philadelphia,  the  corporation  described  in  and 
which  executed  the  foregoing  consent;  that  he  knew  the 
corporate  seal  of  said  company;  that  the  seal  affixed  to 
said  consent  was  such  corporate  seal ;  that  it  was  affixed 
thereto  by  order  of  the  Board  of  Directors  of  such  com- 
pany, and  that  he  signed  his  name  thereto  by  like  author- 
ity. And  also,  on  the  6th  day  of  August,  1900,  before  me 


Ft.  George  Change  of  Route.  267 

personally  appeared  Henry  D.  Lyman,  to  me  known,  who, 
being  by  me  first  duly  sworn,  did  depose  and  say  that  he 
was  the  President  of  American  Surety  Company  of  New 
York,  the  corporation  described  in  and  which  executed 
the  foregoing  consent ;  that  he  knew  the  corporate  seal  of 
said  company ;  that  the  seal  affixed  to  said  consent  was 
such  corporate  seal;  that  it  was  affixed  thereto  by  order 
of  the  Board  of  Directors  of  such  company,  and  that  he 
signed  his  name  thereto  by  like  authority.  And  also,  on  the 
6th  day  of  August,  1900,  before  me  personally  appeared 
Charles  A.  Dean,  to  me  known,  who,  being  by  me  first 
duly  sworn,  did  depose  and  say  that  he  was  the  Presi- 
dent of  National  Surety  Company  of  New  York,  the 
corporation  described  in  and  which  executed  the  forego- 
ing consent ;  that  he  knew  the  corporate  seal  of  said  com- 
pany ;  that  the  seal  affixed  to  said  consent  was  such  cor- 
porate seal;  that  it  was  affixed  thereto  by  order  of  the 
Board  of  Directors  of  such  company,  and  that  he  signed 
his  name  thereto  by  like  authority.  And  also  on  the  3d 
day  of  August,  1900,  before  me  personally  appeared  Au- 
gust Belmont,  to  me  known,  who  being  by  me  first  duly 
sworn,  did  depose  and  say  that  he  was  the  President  of 
Rapid  Transit  Subway  Construction  Company,  the  cor- 
poration described  in  and  which  executed  the  foregoing 
consent ;  that  he  knew  the  corporate  seal  of  said  com- 
pany ;  that  'the  seal  affixed  to  said  consent  was  such  cor- 
porate seal ;  that  it  was  affixed  thereto  by  order  of  the 
Board  of  Directors  of  such  company,  and  that  he  signed 
his  name  thereto  by  like  authority. 

A.  W.  ANDREWS, 

[NOTARIAL]  NOTARY  PUBLIC     (34), 

[     SEAL.     ]  N.  Y.  Co. 


268  Ft.  George  Change  of  Route. 

Resolutions  Adopted   by  the    Rapid  Transit  Board 
on  21st  June,  19OO. 

Whereas,  This  Board  did  on  the  I4th  day  of  January, 
1897,  and  4th  day  of  February,  1897,  adopt  certain 
Routes  and  General  Plan  for  a  Rapid  Transit  Railroad 
in  The  City  of  New  York,  a  copy  of  which  is  hereto 
annexed,  entitled  "Copy  Routes  and  General  Plan" ;  and 

Whereas,  The  said  Routes  and  General  Plan  were  af- 
terward duly  approved  by  the  municipal  authorities  of 
The  City  of  New  York  and  were  duly  consented  to  by 
Commissioners  appointed  by  the  Appellate  Division  of 
the  Supreme  Court,  which  consent  was  duly  confirmed 
by  the  said  Appellate  Division,  in  lieu  of  the  consent  of 
the  owners  of  a  majority  in  value  of  the  property  along 
the  said  routes;  and 

Whereas,  Thereafter  and  on  or  about  the  2ist  day  of 
February,  1900,  The  City  of  New  York  did,  by  this 
Board,  enter  into  a  certain  contract  with  John  B.  Mc- 
Donald for  the  construction  and  operation  of  the  said 
Rapid  Transit  Railroad;  and 

Whereas,  It  is  the  interest  of  The  City  of  New  York 
and,  in  the  opinion  of  the  said  John  B.  McDonald,  it  is 
likewise  in  his  interest,  as  such  contractor,  and  he  de- 
sires that  said  Routes  and  General  Plan  shall  be  changed 
in  the  respect  hereinafter  mentioned  but  without  other 
change  in  the  said  routes  and  general  plan ;  now  there- 
fore it  is 

Resolved,  That,  subject  to  the  consents  and  approvals 
to  be  first  obtained  as  in  these  resolutions  hereinafter 
mentioned,  the  said  Routes  and  General  Plan  heretofore 
adopted  by  this  Board  be  and  they  hereby  are  modified 
as  follows: 

By  striking  from  the  said  routes  the  portion  thereof 
beginning  at  a  point  under  Eleventh  avenue  on  the  cen- 
tre line  thereof  produced  and  eleven  hundred  and 
five  feet  north  of  the  centre  line  of  One  Hun- 


Ft.  George  Change  of  Route.  269 

dred  and  Ninetieth  street,  and  running  thence  under 
or  over  (as  may  be  most  convenient)  private  prop- 
erty to  a  point  at  the  southeast  end  of  Ellwood 
street,  near  Hillside  street,  and  thence  over  Ellwood 
street,  to  Kingsbridge  avenue  or  Broadway ;  thence 
over  Kingsbridge  avenue  or  Broadway  as  now  proposed 
to  a  point  at  or  near  its  intersection  with  Amsterdam 
avenue  and  south  of  Riverdale  avenue ;  and  by  inserting 
in  the  said  routes  instead  of  the  portion  thereof  thus 
struck  out  the  following,  to  wit:  Beginning  at  the  point 
under  Eleventh  avenue  on  the  centre  line  thereoi  pro- 
duced above  named,  namely,  eleven  hundred  and  five  feet 
north  of  the  centre  line  of  One  Hundred  and  Ninetieth 
street,  and  running  thence  under  and  over  Eleventh  ave- 
nue and  private  property  to  Naegle  avenue,  thence  along 
and  over  Naegle  avenue  to  Amsterdam  avenue;  thence 
along  and  over  Amsterdam  avenue  to  the  said  point  at 
or  near  its  intersection  with  Kingsbridge  avenue  or 
Broadway,  and  south  of  Riverdale  avenue  as  aforesaid. 

The  general  plan  of  construction  of  the  portion  of  th«* 
route  hereby  substituted  shall  be  as  follows : 

The  tracks  shall  be  placed  in  tunnel  from  the  south  end 
of  said  portion  to  a  point  on  private  property  between 
Eleventh  and  Naegle  avenues,  within  200  feet  from  the 
westerly  side  of  Eleventh  avenue,  and  northerly  over  the 
rest  of  the  portion  of  the  route  hereby  substituted  shall 
be  carried  upon  a  viaduct.  There  shall  be  at  least  two 
parallel  tracks  with  the  right  at  any  time  to  add  a  third 
track  in  the  discretion  of  the  Board  of  Rapid  Transit 
Railroad  Commissioners.  In  all  other  respects  the  pro- 
visions of  the  said  General  Plan  of  Construction  adopted 
on  1 4th  January  and  4th  February,  1897,  shall  be  appli- 
cable to  the  portion  of  the  route  hereby  substituted ;  and 
it  is  further 

Resolved,  That  whereas  this  Board  has  duly  made  the 
inquiries  and  investigation  necessary  or  proper  in  the 
premises  and  has  determined  that  the  modification  afore- 
said of  the  said  Routes  and  General  Plan  are  necessary 


270  Ft.  George  Change  of  Route. 

for  the  interests  of  the  public  and  of  The  City  of  New 
York  and  should  be  established  as  herein  provided,  this 
Board  does  hereby  determine  and  establish  the  said 
routes  and  general  plan  as  hereby  modified,  subject  to 
the  consents  and  approvals  to  be  first  obtained  as  here- 
inafter mentioned ;  and  it  is  further 

Resolved,  That  the  said  modification  of  routes  and 
general  plan  shall  take  effect  only  upon  and  after  the  fol- 
lowing consents  and  approvals  thereto  shall  be  duly  had, 
to  wit: 

1.  The  consent  of  the  said  John  B.  McDonald,  con- 
tractor, and  of  his  sureties,  as  follows :  Rapid  Transit 
Subway    Construction    Company;   The    United     States 
Fidelity  and  Guaranty  Company;  The  City  Trust,  Safe 
Deposit  and  Surety  Company  of  Philadelphia ;  American 
Surety  Company  of  New  York;  National  Surety  Com- 
pany, and  Perry  Belmont. 

2.  The   consent  of  the   Municipal   Assembly   of  The 
City  of  New  York. 

3.  The  consent  of  the   Mayor  of  The  City  of  New 
York. 

4.  The  consent  of  the  owners  of  a  majority  in  value 
of  the  property  along  streets  or  such  portions  of  streets 
as  are  included  in  the  portion  of  routes  by  these  resolu- 
tions proposed  to  be  substituted,  as  aforesaid ;  or  if  such 
consent  cannot  be  obtained,  then  in  lieu  thereof  the  de- 
termination of  three  Commissioners  to  be  appointed  by 
the  Appellate  Division  of  the  Supreme  Court  duly  con- 
firmed by  the  said  Appellate  Division. 

Copy  Routes  and  General  Plan. 

January  14,  1897. 

One  route  as  follows:  Its  centre  line  shall  commence 
at  a  point  at  or  near  the  intersection  of  Broadway  with 
Park  Row;  thence  under  Park  Row  and  Centre  street  to 
a  point  at  or  near  its  intersection  with  New  Elm  street, 


Ft.  George  Change  of  Route.  271 

as  proposed ;  thence  under  New  Elm  street,  as  proposed, 
to  Lafayette  place ;  thence  under  Lafayette  place  to 
Eighth  street ;  thence  across  and  under  Eighth  street, 
and  thence  under  private  property  lying  between  Eighth 
and  Ninth  streets  and  east  of  the  westerly  side  or  line  of 
Lafayette  place,  produced,  to  Fourth  avenue;  thence  un- 
der Fourth  avenue  and  Park  avenue  to  Forty-second 
street ;  thence  turning  from  Park  avenue  into'  Forty-sec- 
ond street,  and  taking  for  the  purposes  of  the  curve,  if 
necessary  or  convenient,  private  property  at  the  south- 
west corner  of  Park  avenue  and  Forty-second  street ; 
thence  under  Forty-second  street  to  Broadway ;  thence 
under  Broadway  to  Fifty-ninth  street;  thence  under  the 
Boulevard  to  a  point  at  or  near  One  Hundred  and  Twen- 
ty-fourth street;  thence  by  viaduct  along  and  over  the 
Boulevard  to  a  point  at  or  near  One  Hundred  and  Thir- 
ty-fourth street;  thence  under  the  Boulevard  and  Elev- 
enth avenue  to  a  point  on  Eleventh  avenue,  situate  north 
of  One  Hundred  and  Ninetieth  street,  and  distant  there- 
from not  less  than  one  thousand  and  not  more  than  one 
thousand  five  hundred  feet,  and  thence  under  or  over  (as 
may  be  most  convenient)  private  property  to  a  point  at 
the  southeast  end  of  Ellwood  street  near  Hillside  street; 
and  thence  over  Ellwood  street  to  Kingsbridge  avenue 
or  Broadway ;  thence  over  Kingsbridge  avenue  or  Broad- 
way, as  now  proposed,  to  Riverdale  avenue  and  thence 
easterly  over  Riverdale  avenue  to  a  point  within  five 
hundred  feet  of  the  present  Kingsbridge  station  of  the 
New  York  and  Putnam  Railroad  Company. 

This  route  shall  include  a  loop  at  the  City  Hall  Park 
which  shall  connect  with  the  portion  of  the  route  afore- 
said along  Centre  street  at  or  near  the  south  end  of  that 
street,  and  thence  proceed  westerly  and  southerly  under 
City  Hall  Park  and  Broadway,  and  thence  easterly  to 
again  connect  with  the  portion  of  the  route  aforesaid  in 
Park  Row.  All  of  the  said  loop  shall  lie  under  City  Hail 
Park,  Park  Row,  between  the  south  end  of  Centre  street 
and  Ann  street,  and  the  portion  of  Broadway  adjoining 
the  City  Hall  Park  lying  between  Vesey  and  Murrav 
streets.  This  route  shall  also  include  suitable  tracks  and 
connections  from  the  City  Hall  loop  to  the  Post-office, 


272  Ft.  George  Change  of  Route. 

such  tracks  and  connections  being  under  the  City  Hall 
Park  and  under  the  portion  of  Park  Row  between  the 
south  end  of  Centre  street  and  Ann  street.  This  route 
shall  also  include  suitable  tracks  and  connections  from 
the  portion  of  the  route  near  the  corner  of  Park  avenue 
and  Forty-second  street  to  the  yard  and  tracks  of  the 
Grand  Central  Station.  All  of  the  tracks  and  connec- 
tions last  mentioned  shall  be  under  Park  avenue  and 
Forty-second  street  and  private  property  to  be  acquired. 
By  private  property  in  this  description  is  meant  property 
not  forming  part  of  the  streets  of  The  City  of  New  York 
and  not  belonging  to  The  City  of  New  York. 

Also  a  route  as  follows :  Its  centre  line  shall  diverge 
from  the  route  aforesaid  on  the  Boulevard,  between  a 
line  parallel  to  and  one  hundred  feet  north  of  One  Hun- 
dred and  Third  street,  and  a  line  parallel  to  and  one 
hundred  feet  south  of  One  Hundred  and  Third 
street,  thence  under  private  property  to  a  point 
in  One  Hundred  and  Fourth  street ;  thence  under 
One  Hundred  and  Fourth  street  to  and  across  Central 
Park,  West;  thence  under  Central  Park  to  the  intersec- 
tion of  Lenox  avenue  and  One  Hundred  and  Tenth 
street ;  thence  under  Lenox  avenue  to  a  point  near  One 
Hundred  and  Forty-second  street ;  thence  curving  to  the 
east  and  passing  under  private  property,  One  Hundred 
and  Forty-third  and  One  Hundred  and  Forty-fourth 
streets,  to  the  Harlem  River  at  or  near  the  foot  of  One 
Hundred  and  Forty-fifth  street ;  thence  under  the  Har- 
lem River  and  private  property  to  East  One  Hundred 
and  Forty-ninth  street  at  or  near  its  intersection  with 
River  avenue ;  thence  under  East  One  Hundred  and 
Forty-ninth  street  to  a  point  near  its  intersection  with 
Third  avenue ;  thence  with  a  curve  to  the  left  and  under 
Third  avenue  to  a  point  near  its  intersection  with  West- 
chester  avenue;  thence  with  a  curve  to  the  right  to  and 
under  Westchester  avenue,  and  thence  by  viaduct  over 
and  along  Westchester  avenue  to  the  Southern  Boule- 
vard; thence  over  and  along  the  Southern  Boulevard  to 
the  Boston  road,  and  thence  over  and  along  the  Boston 
road  to  Bronx  Park. 


Ft.  George  Change  of  Route.  273 

The  said  General  Plan  of  Construction  hereby  adopted 
is  as  follows : 

For  the  route  under  Park  Row  and  the  said  loop  at 
City  Hall  Park,  two  parallel  tracks ;  for  the  route  from 
the  point  of  connection  of  the  City  Hall  loop  with  the 
route  aforesaid,  at  the  southerly  end  of  Centre  street,  to 
the  junction  at  or  near  One  Hundred  and  Third  street 
and  the  Boulevard,  four  parallel  tracks;  for  the  route 
from  the  junction  at  or  near  One  Hundred  and  Third 
street  and  the  Boulevard  to  the  New  York  and  Putnam 
Railroad  Company's  station  at  Kingsbridge,  two  parallel 
tracks ;  for  the  route  from  the  junction  at  or  near  One 
Hundred  and  Third  street  and  the  Boulevard  to  Bronx 
Park,  two  parallel  tracks. 

All  of  the  above-mentioned  tracks  shall  be  placed  on 
the  same  level,  except  that  wherever  required  by  special 
necessities  of  surface  or  sub-surface  structures  or  other 
special  or  local  necessities  and  for  the  purpose  of  avoid- 
ing grade  crossings  at  the  southerly  end  of  Centre  street 
and  the  One  Hundred  and  Third  street  junction,  any  one 
or  more  of  the  tracks  may  be  depressed  below  the  level 
of  the  other  tracks  to  a  depth  of  not  more  than  twenty 
feet. 

The  tracks  shall  be  of  standard  gauge,  that  is  to  say, 
of  a  width  of  four  feet  and  eight  and  a  half  inches  be- 
tween the  rails.  There  shall  be  twelve  and  a  half  feet 
width  in  the  tunnels  and  on  the  viaducts  for  each  track, 
except  that  at  stations,  switches,  turn-outs,  curves  and 
cross  overs  the  width  may  be  increased  to  the  extent  per- 
mitted by  the  width  of  the  tunnel.  The  tracks  wherever 
passing  over  or  under  the  streets  shall  be  placed  over  or 
under  the  central  part  of  the  street,  except  that  no  tunnel 
or  viaduct  or  any  wall  or  part  thereof  under  or  along  a 
street  shall,  except  at  the  stations,  station  approaches, 
curves  and  at  places  of  access  to  sub-surface  structures, 
as  hereinafter  provided,  be  within  a  distance  of  five  feet 
of  the  exterior  line  or  side  of  the  street.  The  tracks 
shall  in  all  cases  be  placed  in  tunnels,  except  only  that  on 
the  west  side  route  on  the  Boulevard  at  or  near  One 


274  Ft.  George  Change  of  Route. 

Hundred  and  Twenty-fourth  street  the  tracks  shall 
emerge  from  the  tunnel  and  be  carried  upon  a  viaduct 
along  the  Boulevard  to  a  point  at  or  near  One  Hundred 
and  Thirty-fourth  street  and  there  be  taken  again  into 
the  tunnel,  and  except  also  that  on  the  west  side  route  at 
a  point  at  or  near  One  Hundred  and  Ninetieth  street  the 
tracks  shall  again  emerge  from  the  tunnel  and  be  carried 
upon  a  viaduct  over  private  property  and  the  above-men- 
tioned streets  to  the  Kingsbridge  station,  and  except  also 
that  on  the  east  side  from  a  point  on  Westchester  ave- 
nue at  or  near  Bergen  avenue  the  tracks  shall  emerge 
from  the  tunnel  and  be  carried  upon  a  viaduct  over  and 
along  Westchester  avenue  and  the  other  streets  above 
mentioned  to  Bronx  Park. 

Wherever  the  tracks  change  from  tunnel  to  viaduct,  or 
from  viaduct  to  tunnel,  the  change  shall  be  so  made  as  to 
occupy  or  obstruct  the  use  of  the  surface  of  the  street  to 
the  least  possible  extent  consistent  with  the  proper  gradi- 
ent for  the  tracks. 

The  roof  of  the  tunnel  shall  be  as  near  the  surface  of 
the  street  as  street  conditions  and  grades  will  permit. 
The  tunnel  shall  not  be  less  than  thirteen  feet  in  height 
in  the  clear.  The  maximum  width  of  the  tunnel  in  the 
clear  shall  be  as  follows : 

For  the  route  under  Park  Row  and  the  City  Hall  Park 
loop,  thirty-eight  feet;  for  the  route  from,  at  or  near 
the  south  end  of  Centre  street,  and  to  the  commencement 
of  New  Elm  street,  fifty  feet;  for  the  route  from,  at,  or 
near  the  commencement  of  New  Elm  street  to  La- 
fayette place,  sixty-eight  feet ;  for  the  route  from, 
at,  or  near  the  commencement  of  Lafayette  place 
to  the  junction  at  or  near  One  Hundred  and 
Third  street,  fifty  feet;  for  the  west  side  route 
from  the  junction  at  or  near  One  Hundred  and  Third 
street  to  Kingsbridge  station,  twenty-five  feet ;  and  for 
the  east  side  route  from,  at,  or  near  the  junction  at  One 
Hundred  and  Third  street  to  Bronx  Park,  twenty-five 
feet ;  except  that  wherever  the  nature  of  the  streets  ne- 


Ft.  George  Change  of  Route.  275 

cessitates  a  curve  that  an  additional  width  of  tunnel  may 
be  added  not  exceeding  three  feet  for  each  track,  and  ex- 
cept that  on  Fourth  avenue,  from  Thirty-second  street  to 
Forty-third  street,  the  permissible  width  shall  be  sixty- 
five  feet;  and  for  the  tunnel  beneath  the  Harlem  River 
and  its  approaches  the  permissible  width  shall  be  thirty- 
five  feet.  At  each  cross  street  where  accommodations 
for  pipes,  wires,  sewers  and  other  sub-surface  structures 
have  been  provided  within  the  tunnel,  the  tunnel  may, 
in  order  to  provide  convenient  access  to  such  pipes,  wires, 
sewers  and  other  sub-surface  structures,  have,  within  the 
limit  of  the  sides  or  exterior  lines  of  such  cross  street  or 
such  lines  produced,  an  additional  width  on  each  side  of 
the  route,  not  to  exceed  fifteen  feet,  and  the  area  of-  ad- 
ditional width  on  either  side  not  to  approach  nearer  than 
twelve  feet  to  either  side  or  exterior  line  of  such  cross 
streets.  Footways  between  the  tracks  shall  be  provided 
the  whole  length  of  the  line  and  accommodations  ar- 
ranged for  the  convenience  and  protection  of  employees. 

Whenever  necessary  for  the  proper  support  of  the 
street  surface,  the  roof  of  the  tunnel  shall  be  of  iron  or 
steel  girders  with  brick  or  concrete  arches  supported  by 
iron  or  steel  columns  and  masonry  walls,  or  the  roof 
shall  be  a  masonary  arch.  Viaducts  shall  be  built  with  a 
width  of  twelve  and  one-half  feet  for  each  track  and  with 
an  additional  width  of  three  feet  on  each  side  for  outside 
footways.  Viaducts  may  be  built  of  metal  or  masonry, 
or  of  both. 

Adjacent  tracks  shall  be  connected  by  necessary  and 
suitable  switches  and  connections,  and  an  additional 
track  for  siding  accommodation  may  be  constructed,  not 
to  exceed  in  length  one-quarter  of  a  mile  for  each  mile 
of  roadway,  but  provided  always  that  the  side  of  the  tun- 
nel shall  not,  by  the  enlargement  of  the  tunnel  for  that 
purpose,  be  brought  within  five  feet  of  the  exterior  line 
or  side  of  the  street. 

Along  Elm  street,  wherever  the  tunnel  shall  be  in  the 
clear  not  less  than  sixty-eight  feet  wide,  the  pipes,  wires, 
sewers  and  other  sub-surface  structures  shall  be  placed 


276  Ft.  George  Change  of  Route. 

in  suitable  galleries  in  the  tunnel  at  the  outside  of  the 
exterior  tracks.  But  any  such  pipes,  wires,  sewers  and 
other  subsurface  structures  may  be  placed  in  suitable 
galleries  beneath  the  tracks,  or  such  pipes,  wires,  sewers 
and  other  subsurface  structures  may  be  placed  in  the 
ground  above  or  at  the  sides  of  the  tunnel,  or  at  the  out- 
side of  the  exterior  tracks,  and  whenever  so  placed  be- 
neath the  tracks,  or  in  the  ground  above  or  at  the  sides 
of  the  tunnel,  the  width  of  the  tunnel  on  New  Elm  street 
shall  not  be  more  than  fifty  feet.  Pipes,  wires,  sewers  and 
other  subsurface  structures  shall,  at  any  part  of  the  said 
routes,  be  removed  or  disturbed  only  when  necessary  for 
the  construction  and  operation  of  the  railway,  and,  if  re- 
moved or  disturbed,  shall  be  placed  under  the  streets  in 
such  manner  and  in  such  location  that  the  use  and  ser- 
vice thereof  shall  not  be  impaired.  Such  pipes,  wires, 
sewers  and  other  subsurface  structures  shall  be  left  or 
shall  be  so  arranged  as  to  give  free  access  for  their  re- 
pair or  alteration,  or  for  the  placing  with  them  of  new 
pipes,  wires,  sewers  and  other  like  structures,  and  for 
making  connections  between  the  same  and  buildings  at 
any  time. 

Stations  and  station  approaches  shall,  in  general,  be  at 
the  intersection  of  streets  and  shall  be  built  under,  or,  if 
the  position  of  the  tracks  so  require,  over,  the  streets  and 
immediately  adjoining  private  abutting  property,  or 
through  private  property  to  be  acquired  for  the  purpose, 
or  both  under  or  over  streets  and  through  private  prop- 
erty as  aforesaid,  except  that  on  the  Boulevard  stations 
and  station  approaches  may  be  in  the  centre  of  the  street. 
The  streets  under  or  over  which  stations  or  station  ap- 
proaches shall  be  built  may  include  cross  streets,  but  no 
part  of  any  cross  street  shall  be  used  for  station  or  sta- 
tion approach  at  a  .distance  greater  than  seventy-five  feet 
from  the  exterior  line  or  side  of  the  street  of  the  route. 
The  word  "street,"  wherever  used  herein,  shall  include 
an  avenue  or  public  place. 

Along  the  Boulevard  there  may  be  openings  in  the 
surface  of  the  street  from  the  tunnel  for  the  purpose  of 
ventilation  and  light ;  such  openings  shall  be  guarded 


Ft.  George  Change  of  Route.  277 

by  convenient  and  ornamental  inclosures.  The  openings 
shall  not  exceed  twenty  feet  in  width  and  fifty  feet  in 
length.  No  two  openings  shall  be  within  fifty  feet  of 
each  other.  No  opening  or  part  thereof  shall  be  within 
the  limits  of,  or  opposite  to,  any  street  intersecting  the 
Boulevard ;  and  within  the  distance  of  any  one  block  on 
the  Boulevard  between  any  two  adjacent  crossing  streets 
there  shall  not  be  more  than  two  such  openings. 

The  general  mode  of  operation  shall  be  by  electricity 
or  some  other  power  not  requiring  combustion  within  the 
tunnels  or  on  the  viaducts,  and  the  motors  shall  be  capa- 
ble of  moving  trains  at  a  speed  of  not  less  than  forty 
miles  per  hour  for  long  distances,  exclusive  of  stops. 

The  manner  of  construction  shall  be  by  tunnelling  or 
open  excavation ;  it  is  further 

Resolved,  That  plans  be  prepared  to  show  the  route 
and  general  plan,  in  so  far  as  they  are  hereby  adopted, 
which  said  plans',  when  formerly  adopted,  shall  be 
deemed  to  be  incorporated  herein  and  to  form  a  part 
hereof. 

February  4,  1897. 

Resolved,  That  this  Board  of  Rapid  Transit  Railroad 
Commissioners  for  The  City  of  New  York  hereby  adopts 
the  drawings  now  produced,  and  numbered  from  I  to  60, 
both  inclusive,  as  showing  the  route  and  general  plan 
adopted  by  resolution  of  this  Board  on  January  14,  1897, 
and  that,  as  provided  in  the  said  resolution,  the  said 
drawings  be  deemed  incorporated  in  and  to  form  part  of 
the  said  resolution;  and  it  is  further 

Resolved,  That  the  said  route  and  general  plan,  with 
the  said  drawings  and  the  said  resolution  of  January  14, 
1897,  be  and  they  hereby  are  adopted  by  this  Board. 

The  foregoing  contract  is  hereby  approved  as  to  form. 
Dated  New  York,  June  21,  1900. 

THEODORE  CONNOLY, 

ACTING  CORPORATION  COUNSEL  OF  THE  CITY  OF  NEW 
YORK. 


The  City  of  New  York 

By  its  Rapid  Transit  Board. 


WITH 


John  B.  McDonald, 

Contractor. 


AGREEMENT 

Modifying    Contract    for    Construction    and 
Operation  of  Rapid  Transit  Railroad. 


Dated,  January  loth,  igoi. 
Executed,  February,  1901. 


City  Hall  Changes,   etc.  281 

made  this  loth  day  of  January,  in 
the  year  1901,  between  the  CITY  OF  NEW  YORK,  herein- 
after called  the  City,  acting  by  the  Board  of  Rapid 
Transit  Railroad  Commissioners  for  the  City  of  New 
York,  hereinafter  called  the  Board,  party  of  the  first 
part,  and  JOHN  B.  MCDONALD,  of  the  City  of  New 
York,  hereinafter  called  the  Contractor,  party  of  the 
second  part. 

WHEREAS  heretofore,  and  on  or  about  the  2ist  day  of 
February,  1900,  the  City,  acting  by  the  Board,  entered 
into  a  contract  with  the  Contractor  for  the  construction 
and  operation  of  a  Rapid  Transit  Railroad  in  the  City 
of  New  York,  and  otherwise,  as  therein  mentioned,  the 
said  contract  being  hereinafter  styled  the  Contract  for 
Construction  and  Operation,  which  contract  was  on  said 
day  modified  in  certain  respects  by  a  further  agreement 
between  the  said  parties,  bearing  the  same  date ;  and 

WHEREAS,  the  Contractor  furnished  the  bonds  and 
gave  the  security  required  by  said  contract  and  agree- 
ment modifying  the  same;  and 


282  City  Hall  Changes,  etc. 

WHEREAS,  the  plans  and  specifications  of  said  rail- 
road contemplated  and  required  the  construction  of  a 
terminal  loop  at  the  City  Hall  Park,  and  the  parties 
desire  that  the  said  loop  shall  be  shorter  and  less  ex- 
pensive than  as  provided  in  the  said  contract  and  that 
the  same  shall  be  constructed  in  accordance  with  the 
plans  hereinafter  mentioned, 

1R.OW,  tfoCrCfOCC,  in  consideration  of  the  prem- 
ises and  of  the  covenants  and  agreements  hereinafter 
contained, 

Ht  10  agreefc  as  follows: 

The  City  and  the  Board,  upon  the  request  and  ap- 
proval hereinafter  mentioned,  hereby  require  so  much 
of  the  work  and  material  specified  and  provided  to  be 
done  and  furnished  in  said  contract  in  the  construction 
of  the  said  loop  as  planned  and  shown  by  the  Contract 
Drawings  Nos.  A  I  and  C  I  to  C  5  inclusive,  dated  7th 
April,  1898,  to  be  omitted,  and  the  Contractor  hereby 
requests  the  Board  to  make  such  requirement,  and  ap- 
proves the  same. 


City  Hall  Changes,  etc.  283 

And  it  is  hereby  FURTHER  AGREED  that  the  Contractor 
shall  construct  the  said  loop  in  accordance  with  the  plans 
hereunto  annexed,  marked  "Contract  Drawing  No.  A  I 
(amended)"  dated  loth  January,  1901,  all  of  which 
loop  shall  lie  under  the  City  Hall  Park,  including  that 
portion  of  said  Park  known  as  Mail  street,  lying  north 
of  the  Post  Office  Building  and  a  portion  of  Park  Row 
between  the  south  end  of  Centre  street  and  Beekman 
street. 

The  Contractor  covenants  and  agrees  to  construct  the 
said  last  mentioned  terminal  loop  in  accordance  with 
the  said  requirement  hereby  made,  and  covenants  and 
admits  that  the  said  loop  as  so  required  is  now  lawfull> 
and  duly  authorized  by  the  Board,  and  the  Contractor 
for  himself,  his  successor  or  successors  and  assigns  here- 

* 

by  covenants  and  agrees  that  neither  he  nor  they  nor 
any  of  them  will  either  directly  or  indirectly  claim  or 
assert  to  the  contrary  in  any  action  or  proceeding  which 
may  at  any  time  be  brought  against  him,  or  any  of  them, 
or  which  he  or  any  of  them  may  bring  or  to  which  he 
or  any  of  them  may  be  a  party  or  parties,  under  or  by 


284  City  Hall  Changes,  etc. 

reason  of  the  said  contract  for  construction  and  opera- 
tion, or  any  provision  thereof,  Provided,  however,  that 
in  case  the  Contractor  shall  at  any  time  be  lawfully  re- 
quired to  construct  a  terminal  loop  as  originally  de- 
scribed in  the  contract  for  construction  and  operation, 
no  part  of  the  amount  paid  the  Contractor  for  the  con- 
struction of  such  part  of  the  loop  as  hereby  provided  to 
be  constructed  as  is  not  coincident  with  the  loop  as  so 
originally  described,  shall  be  charged  against  the  Con- 
tractor as  payment  on  account  of  the  construction  of  the 
loop  as  originally  described,  but  the  work  done  in  con- 
struction of  the  said  part  of  the  loop  as  hereby  provided 
shall  in  such  case  be  considered  additional  work  under 
the  said  contract  for  construction  and  operation  and 

allowed  accordingly. 

• 

PROVIDED  FURTHER,  AND  IT  is  EXPRESSLY  AGREED, 
that  this  agreement  shall  take  effect  when  and  only 
when  the  following  consents  hereto  and  approvals  here- 
of shall  be  duly  had,  to  wit,  the  consents  as  subjoined 
of  Rapid  Transit  Subway  Construction  Company;  The 
United  States  Fidelity  &  Guaranty  Company;  The 


City  Hall  Changes,  etc.  285 

City  Trust,  Safe  Deposit  and  Surety  Company  of  Phila- 
delphia; American  Surety  Company  of  New  York; 
National  Surety  Company,  and  Perry  Belmont. 


flit  WitlieS0  WbereOf,  this  contract  has  been 
executed  for  the  City  of  New  York,  by  its  Board  of 
Rapid  Transit  Railroad  Commissioners,  under  and  by 
a  resolution  duly  adopted  by  said  Board  concurred  in 
by  six  of  its  members,  and  the  seal  of  the  said  Board 
has  been  hereto  affixed,  and  these  presents  signed 
by  the  President  and  Secretary  of  the  said  Board,  and 
the  Contractor  has  hereunto  set  his  hand  and  seal  the 
day  and  year  first  above  written. 

JOHN  B.  McDONALD.  [SEAL.] 

THE    BOARD    OF    RAPID    TRANSIT    RAIL- 
ROAD COMMISSIONERS, 

By  A.  E.  ORR, 

President. 

BION  L.  BURROWS, 

Secy.  [SEAL.] 


286  City  Hall  Changes,  etc. 

STATE  OF  NEW  YORK,  1 

>  ss  • 
County  of  New  York,  J 

On  this  I4th  day  of  February,  1901,  at  the  City 
of  New  York,  in  said  County,  before  me  personally 
appeared  Alexander  E.  Orr  and  Bion  L.  Burrows,  to  me 
known  and  known  to  me  to  be,  the  said  Alexander  E. 
Orr,  the  president,  and  the  said  Bion  L.  Burrows,  the 
secretary  of  the  Board-  of  Rapid  Transit  Railroad  Com- 
missioners for  the  City  of  New  York;  and  the  said 
Alexander  E.  Orr  and  Bion  L.  Burrows,  being  by  me 
duly  sworn,  did  depose  and  say,  each  for  himself  and 
not  one  for  the  other,  the  said  Alexander  E.  Orr,  that 
he  resided  in  the  Borough  of  Brooklyn,  in  the  said 
City,  that  he  was  the  president  of  the  said  Board  and 
that  he  subscribed  his  name  to  the  foregoing  con- 
tract by  virtue  of  the  authority  thereof;  and  the  said 
Bion  L.  Burrows,  that  he  resided  in  the  Borough  of 
Brooklyn,  in  the  said  City  of  New  York,  that  he  was 
the  secretary  of  the  said  Board  and  that  he  subscribed 
his  name  thereto  by  like  authority;  and  both  the  said 
Alexander  E.  Orr  and  Bion  L.  Burrows  that  they 


City  Hall  Changes,  etc.  287 

knew  the  seal  of  the  said  Board  and  that  the  same  was 
affixed  to  the  foregoing  instrument  by  the  authority 
of  the  said  Board  and  of  a  resolution  duly  adopted  by 
the  same. 

H.  A.  D.  HOLLMANN, 

Notary  Public  for  Kings  County,  N.  Y. 
Certificate  filed  in  New  York  County. 

[NOTARIAL  SEAL.] 


STATE  OF  NEW  YORK,  | , 
County  of  New  York,  J 

On  this  nth  day  of  February,  1901,  before  me  per- 
sonally appeared  John  B.  McDonald,  to  me  known 
and  known  to  me  to  be  the  person  and  Contractor 
named  in  and  who  executed  the  foregoing  contract, 
and  acknowledged  to  me  that  he  executed  the  same. 

A.  W.  ANDREWS, 
Notary  Public  (34), 

N.  Y.  Co. 
[NOTARIAL  SEAL.] 


288  City  Hall  Changes,  etc. 

£bC  Unt>eV0tC$nefc,  being  the  sureties  of  John 
B.  McDonald,  the  Contractor  above  mentioned,  upon 
the  continuing  bond'  in  the  penalty  of  One  million  dol- 
lars ($1,000,000)  and  the  bond  for  construction  and 
equipment  in  the  penalty  of  Five  million  dollars  ($5,000,- 
ooo)  hereby  consent  to  the  making  of  the  foregoing  in- 
strument. 

Dated  New  York,  January  loth,  1901. 

RAPID    TRANSIT     SUBWAY    CONSTRUCTION 
COMPANY, 

By  W.  G.  OAKMAN, 
[SEAL.]  Vice-Prest. 

Attest : 

FREDERICK  EVANS, 

Secretary. 


THE     CITY     TRUST,     SAFE     DEPOSIT     AND 
SURETY  COMPANY  OF  PHILADELPHIA, 

160  BROADWAY,  N.  Y. 
JNO.  A.  SULLIVAN, 

Vice-President. 
P.  H.  MOONEY, 
[SEAL.]  Asst.  Secretary. 


City  Hall  Changes,   etc.  289 

AMERICAN     SURETY     COMPANY     OF     NEW 
YORK, 

By  H.  D.  LYMAN, 

President. 
G.  M.  SWENEY, 

Secretary. 
[SEAL.] 

THE  UNITED   STATES  FIDELITY  AND  GUAR- 
ANTY COMPANY, 

By  JOHN  R.  BLAND, 

President. 

[SEAL.] 
Attest : 

WYLLYS  BENEDICT, 

Attorney  in  Fact. 

NATIONAL  SURETY  COMPANY, 

By  CHAS.  A.  DEAN, 

President. 

[SEAL.] 
Attest : 

BALLARD  McCALL, 

Secretary. 

PERRY   BELMONT.  [SEAL.] 


STATE  OF   NEW   YORK.  ) 

>  ss  * 
County  of  New  York,     j 

On  the  nth  day  of  February,   1901,  before  me  per- 
sonally   appeared    Perry    Belmont,    to    me    known    and 


290  City  Hall  Changes,  etc. 

known  to  me  to  be  the  individual  described  in  and  who 
executed  the  foregoing  consent,  and  he  acknowledged 
to  me  that  he  executed  the  same. 

A.  W.  ANDREWS, 

[NOTARIAL  SEAL.]  Notary  Public   (34), 

N.  Y.  Co. 


STATE  OF   NEW   YORK.  1 

I  ss  ' 
County  of  New  York,    j 

On  this  1 3th  day  of  February,  1901,  before  me  per- 
sonally appeared  John  R.  Bland,  to  me  known,  who 
being  by  me  first  duly  sworn,  did  depose  and  say  that 
he  was  the  President  of  The  United  States  Fidelity  & 
Guaranty  Company,  the  corporation  described  in  and 
which  executed  the  foregoing  consent;  that  he  knew  the 
corporate  seal  of  said  company;  that  the  seal  affixed 
to  said  consent  was  such  corporate  seal ;  that  it  was 
affixed  thereto  by  order  of  the  Board  of  Directors  of 


City  Hall  Changes,  etc.  291 

such  company,  and  that  he  signed  his  name  thereto  by 
like  authority.     And  also,  on  the  nth  day  of  February, 
1901,  before  me  personally  appeared  John  A.  Sullivan, 
to  me  known,  who  being  by  me  first  duly  sworn,  did 
depose  and  say  that  he  was  the  Vice-President  of  The 
City  Trust  Safe  Deposit  and  Surety  Company  of  Phila- 
delphia, the  corporation  described  in  and  which  executed 
the  foregoing  consent;  that  he  knew  the  corporate  seal 
of  said  company;  that  the  seal  affixed  to  said  consent 
was  such  corporate  seal;  that  it  was  affixed  thereto  by 
order  of  the  Board  of  Directors  of  such  company,  and 
that  he  signed  his  name  thereto  by  like  authority.    And 
also,  on  the  eleventh  day  of  February,  1901,  before  me 
personally  appeared  Henry  D.  Lyman,  to  me  known,  who 
being  by  me  first  duly  sworn,  did  depose  and  say  that 
he  was  the  President  of  American  Surety  Company  of 
New  York,  the  corporation  described  in  and  which  exe- 
cuted the  foregoing  consent;  that  he  knew  the  corporate 
seal  of  said  company;  that  the  seal  affixed  to  said  con- 
sent was  such  corporate  seal;  that  it  was  affixed  thereto 


292  City  Hall  Changes,  etc. 

by  order  of  the  Board  of  Directors  of  such  company, 
and  that  he  signed  his  name  thereto  by  like  authority. 
And  also  on  the  1/j.th  day  of  February,  1901,  before  me 
personally  appeared  Charles  A.  Dean,  to  me  known,  who 
being  by  me  first  duly  sworn,  did  depose  and  say  that  he 
was  the  President  of  National  Surety  Company  of  New 
York,  the  corporation  described  in  and  which  executed 
the  foregoing  consent;  that  he  knew  the  corporate  seal 
of  said  company ;  that  the  seal  affixed  to  said  consent 
was  such  corporate  seal;  that  it  was  affixed  thereto  by 
order  of  the  Board  of  Directors  of  such  company,  and 
that  he  signed  his  name  thereto  by  like  authority.  And 
also  on  the  nth  day  of  February,  1901,  before  me  per- 
sonally appeared  Walter  G.  Oakman,  to  me  known,  who 
being  by  me  first  duly  sworn,  did  depose  and  say  that 
he  was  the  Vice-President  of  Rapid  Transit  Subway  Con- 
struction Company,  the  corporation  described  in  and 
which  executed  the  foregoing  consent;  that  he  knew 
the  corporate  seal  of  said  company;  that  the  seal  affixed 
to  said  consent  was  such  corporate  seal ;  that  it  was 


City  Hall  Changes,   etc.  293 

affixed  thereto  by  order  of  the  Board  of  Directors  of 
such  company,  and  that  he  signed  his  name  thereto  by 
like  authority. 

A.  W.  ANDREWS, 
Notary  Public  (34), 

N.  Y.  Co. 
[NOTARIAL  SEAL.] 


Approval  by  Corporation  Counsel.  » 

THE  FOREGOING  CONTRACT  is  HEREBY  APPROVED  AS 
TO  FORM. 

Dated,  New  York,  January  ,  1901. 

JOHN  WHALEN, 
Corporation  Counsel. 


The  City  of  New  York 

By  its  Rapid  Transit  Board. 


WITH 


John  B.  ficDonald, 

Contractor, 


AGREEflENT 

Modifying    Contract    for    Construction   and 
Operation  of  Rapid  Transit  Railroad. 


Dated,  May  2td,  igoi. 
Executed,  September,  igoi. 


Siding  and  Terminals.  297 

made  this  second  day  of  May,  in  the 
year  1901,  between  the  CITY  OF  NEW  YORK,  hereinafter 
called  the  City,  acting  by  the  Board  of  Rapid  Transit  Rail- 
road Commissioners  for  the  City  of  New  York,  hereinaf- 
ter called  the  Board,  party  of  the  first  part,  and  JOHN  B. 
MCDONALD,  of  the  City  of  New  York,  hereinafter  called 
the  Contractor,  party  of  the  second  part,  WITNESSETH  : 

WHEREAS,  Heretofore  and  on  or  about  the  2ist  day  of 
February,  1900,  the  City,  acting  by  the  Board,  entered  into 
a  contract  with  the  Contractor  for  the  construction  and 
operation  of  a  Rapid  Transit  Railroad  in  the  City  of  New 
York  and  otherwise  as  therein  mentioned,  the  said  con- 
tract being  hereinafter  styled  the  Contract  for  Construc- 
tion and  Operation;  which  contract  was  on  said  day 
modified  in  certain  respects  by  a  further  agreement  be- 
tween the  said  parties  bearing  the  same  date ;  and  which 
contract  has  been  further  modified  by  a  certain  other 
agreement  between  the  said  parties,  bearing  date  January 
10,  1901 ;  and 

WHEREAS,  The  Contractor  has  deposited  with  the 
Comptroller  of  the  City  certain  security  for  the  perform- 


298  Siding  and  Terminals. 

ance  of  the  said  contract  for  construction  and  operation 
on  his  part  and  has  given  certain  bonds  as  further  secur- 
ity for  such  performance  and  upon  such  bonds  there  are 
sureties  as  follows :  Rapid  Transit  Subway  Construction 
Company,  The  United  States  Fidelity  &  Guaranty  Com- 
pany, The  City  Trust,  Safe  Deposit  and  Surety  Company 
of  Philadelphia,  American  Surety  Company  of  New  York, 
National  Surety  Company,  and  Perry  Belmont;  and 

WHEREAS,  It  is  in  said  Contract  for  Construction  and 
Operation  provided  that  the  said  Board  of  Rapid  Transit 
Railroad  Commissioners  shall  have  the  right  for  any  sec- 
tion of  the  railroad  to  require  additional  work  to  be  done 
or  additional  materials  to  be  furnished  or  both,  within  the 
general  purview  of  a  rapid  transit  railroad  as  therein  de- 
scribed, the  reasonable  value  of  which  should  be  addition- 
ally paid  to  the  contractor ;  and 

WHEREAS,  The  Contractor  desires,  and  the  Board  ap- 
proves, a  modification  of  the  said  Contract  for  the  Con- 
struction and  Operation  as  set  forth  in  certain  resolutions, 
adopted  by  the  Board  on  May  2,  1901,  a  copy  of  which 
is  hereto  annexed,  in  order  to  provide  for  the  additional 


Siding  and  Terminals.  299 

construction  of  certain  tracks  as  in  said  resolutions  and 
herein  described, 


in  consideration  of  the  prem- 
ises, and  subject  to  the  consents  hereinafter  provided,  it 
10  afreet)  that  the  said  contract  be  and  the  same  is 
hereby  modified  as  follows  : 

In  addition  to  the  tracks  to  be  laid  as  prescribed  in  the 
Specifications  in  said  contract  contained  under  the  head 
"i.  General  Description,"  the  Contractor  shall,  at  the 
time  of  constructing  the  same,  also  lay  and  construct  a 
sidetrack  along  the  portion  of  the  line  of  railroad  as  in 
said  Specifications  described,  extending  along  the  Boule- 
vard (now  Broadway)  from  a  point  at  or  near  the  north 
side  of  One  Hundred  and  Third  street  to  the  southerly 
side  of  One  Hundred  and  Thirty-seventh  street,  the  same 
to  be  laid  and  constructed  in  accordance  with  plans  and 
drawings  to  be  prepared  and  issued  by  the  Chief  Engineer 
of  the  Board  of  Rapid  Transit  Railroad  Commissioners. 
And  it  is  hereby  AGREED  that  the  reasonable  value  of  con- 


3oo  Siding  and  Terminals, 

structing  said  sidetrack  shall  be  deemed  a  part  of  the  cost 
of  constructing  said  rapid  transit  railroad,  and  shall  be 
ascertained  and  determined  and  paid  to  the  Contractor  in 
the  manner  provided  in  the  contract  for  the  construction 
and  operation  of  said  rapid  transit  railroad  in  addition  to 
the  amounts  in  said  contract  agreed  to  be  paid  unto  said 
Contractor,  and  such  additional  amounts  so  paid  shall  be 
included  in  the  total  cost  of  the  construction  of  the  said 
railroad  in  determining  the  amount  of  rental  to  be  paid 
under  said  contract  in  like  manner  as  if  said  sidetrack 
had  been  originally  authorized  therein;  and 

WHEREAS,  It  is  in  said  Contract  for  the  Construction 
and  Operation  of  the  rapid  transit  railroad  further  provid- 
ed that  the  Contractor  shall  locate  and  furnish  terminal 
grounds  subject  to  the  approval  of  said  Board  having  a 
mileage  of  not  less  than  five  miles  and  capable  of  storing 
the  equipment  to  be  furnished  under  said  contract  for 
which  he  is  to  be  paid  as  specified  therein  amounts  not  ex- 
ceeding in  all  the  sum  of  One  million  seven  hundred  and 
fifty  thousand  dollars  ($1,750,000). 


Siding  and  Terminals.  301 

flt  19  bCreb£  afreet),  that  the  Contractor  shall 
construct  as  a  part  of  such  terminals  three  additional 

tracks  on  either  side  of  the  main  track  on  the  portion  of 
the  west  side  line,  extending  along  the  Boulevard  (now 
Broadway)  between  the  station  at  One  Hundred  and 
Thirty-seventh  street  and  the  station  at  One  Hundred 
and  Forty-fifth  street,  and  that  the  exact  cost  thereof,  to- 
gether with  ten  per  cent.  ( 10%  )  thereon  in  addition  there- 
to shall  be  allowed  and  paid  the  Contractor,  as  in  said  con- 
tract provided,  and  charged  against  said  Contractor  as  a 
payment  on  account  of  the  total  sum  of  One  Million  Seven 
Hundred  and  Fifty  Thousand  Dollars  ($1,750,000)  al- 
lowed in  said  contract  for  terminals  as  aforesaid. 

PROVIDED,  HOWEVER,  and  it  is  expressly  AGREED  that 
this  agreement  shall  take  effect  when  and  only  when  the 
following  consents  hereto  and  the  approvals  hereof  shall 
be  duly  had,  to  wit : 

The  consents  as  subjoined  of  Rapid  Transit  Subway 
Construction  Company,  The  United  States  Fidelity  & 


302  Siding  and  Terminals. 

Guaranty   Company,   The  City   Trust,    Safe  Deposit   & 

Surety  Company  of  Philadelphia,  American  Surety  Com- 

pany of  New  York,  National  Surety  Company,  and  Perry 

Belmont. 


11  n  WttneSS  WbCrCOf,  this  contract  has  been 
executed  for  the  City  of  New  York  by  its  Board  of  Rapid 
Transit  Railroad  Commissioners  under  and  by  a  resolu- 
tion duly  adopted  by  said  Board,  concurred  in  by  more 
than  six  of  its  members,  and  the  seal  of  the  said  Board 
has  been  hereto  affixed  and  these  presents  signed  by  the 
president  and  secretary  of  the  said  Board  and  the  Con- 
tractor has  hereto  set  his  hand  and  seal  the  day  and  year 
first  above  written. 

[SEAL.]  JOHN  B.  MCDONALD. 

BOARD  OF  RAPID  TRANSIT  R.  R, 

,     COMRS. 

By  A.  E.  ORR, 
PREST. 

[SEAL.]  BION  L.  BURROWS, 

SECY. 


Siding  and  Terminals.  303 

STATE  OF  NEW  YORK, 


ss 
COUNTY  OF  NEW  YORK, 

On  this  27  day  of  Sept.,  1901,  in  the  City  of  New  York, 
in  said  County,  before  me  personally  appeared  Alexander 
E.  Orr  and  Bion  L.  Burrows,  each  to  me  known  and 
known  to  me  to  be,  the  said  Alexander  E.  Orr,  the  presi- 
dent, and  the  said  Bion  L.  Burrows,  the  secretary  of  the 
Board  of  Rapid  Transit  Railroad  Commissioners  for  The 
City  of  New  York;  and  the  said  Alexander  E.  Orr  and 
Bion  L.  Burrows,  being  by  me  duly  sworn,  did  depose 
and  say,  each  for  himself  and  not  one  for  the  other,  the 
said  Alexander  E.  Orr,  that  he  resided  in  the  Borough  of 
Brooklyn  in  the  said  City,  that  he  was  the  president  of 
the  said  Board  and  that  he  subscribed  his  name  to  the  fore- 
going contract  by  virtue  of  the  authority  thereof,  and  the 
said  Bion  L.  Burrows,  that  he  resided  in  the  Borough  of 
Manhattan  in  the  said  City,  that  he  was  the  secretary  of 
the  said  Board,  and  that  he  subscribed  his  name  thereto 
by  like  authority ;  and  both  the  said  Alexander  E.  Orr  and 
Bion  L.  Burrows  that  they  knew  the  seal  of  the  said  Board 
and  that  the  same  was  affixed  to  the  foregoing  instru- 
ment by  the  authority  of  the  said  Board  and  of  a  resolu- 
tion duly  adopted  by  the  same. 

H.  A.  D.  HOLLMANN, 

[SEAL]       NOTARY  PUBLIC  FOR  KINGS  COUNTY,  N.  Y. 
Certificate  filed  in  New  York  County. 


304  Siding  and  Terminals. 

STATE  OF  NEW  YORK, 
COUNTY  OF  NEW  YORK, 

On  this  2Oth  day  of  September,  1901,  before  me  per- 
sonally appeared  John  B.  McDonald,  to  me  known  and 
known  to  me  to  be  the  person  and  Contractor  named  in 
and  who  executed  the  foregoing  contract,  and  acknowl- 
edged to  me  that  he  executed  the  same. 

A.W.ANDREWS     (36), 
[NOTARIAL]  NOTARY  PUBLIC, 

[     SEAL.     ]  N.  Y.  Co. 


ft  bC  1Hnt>er8t0nefc,  being  the  sureties  of  John  B. 
McDonald,  the  Contractor  above  mentioned,  upon  the  con- 
tinuing bond  in  the  penalty  of  One  Million  Dollars 
($1,000,000)  and  the  bond  for  construction  and  equip- 
ment in  the  penalty  of  Five  Million  Dollars  ($5,000,000), 
respectively  hereby  consent  to  the  making  of  the  forego- 
ing instrument. 

Dated  New  York,  September  2Oth,  1901. 

RAPID   TRANSIT   SUBWAY   CONSTRUCTION 
COMPANY, 

By  W.  G.  OAKMAN, 
[SEAL.]  VICE-PRESIDENT. 

[SEAL.]  PERRY  BELMONT. 


Siding  and  Terminals.  305 

AMERICAN     SURETY    COMPANY    OF    NEW 
YORK, 

DAVID  B.  SICKELS, 

VICE-PRESIDENT. 
C/E.  MILLEN, 

ASST.  SECRETARY. 
[SEAL.] 


THE  CITY  TRUST,  SAFE  DEPOSIT  AND  SURE- 
TY COMPANY  OF  PHILADELPHIA, 

160  Broadway,  N.  Y. 
JNO.  A.  SULLIVAN, 

VICE-PRESIDENT. 
P.  H.  MOONEY, 

ASST.  SECRETARY. 
[SEAL.] 


NATIONAL  SURETY  COMPANY, 
By  CHAS.  A.  DEAN, 

PRESIDENT. 
[SEAL.] 
Attest : 

HENRY  M.  CHILDS, 

ASST.  SECRETARY. 


THE  UNITED  STATES  FIDELITY  AND  GUAR- 
ANTY COMPANY, 

By  ANDREW   FREEDMAN, 
VICE-  PRESIDENT. 
[SEAL.] 
.  Attest : 

G.  TERRY  SINCLAIR, 

ATTORNEY  IN  FACT. 


306  Siding  and  Terminals. 

STATE  OF  NEW  YORK. 


; 


ss 
COUNTY  OF  NEW  YORK. 

On  the  2Oth  day  of  September,  1901,  before  me  person- 
ally appeared  Perry  Belmont,  to  me  known  and  known 
to  me  to  be  the  individual  described  in  and  who  executed 
the  foregoing  consent,  and  he  acknowledged  to  me  that 
he  executed  the  same. 

A.W.ANDREWS     (36), 
[NOTARIAL]  NOTARY  PUBLIC, 

[     SEAL.     ]  N.  Y.  Co. 


STATE  OF  NEW  YORK,   , 

>  ss 
COUNTY  OF  NEW  YORK, 

On  this  26th  day  of  September,  1901,  before  me  per- 
sonally appeared  Andrew  Freedman,  to  me  known,  who, 
being  by  me  first  duly  sworn,  did  depose  and  say  that  he 
was  the  Vice-President  of  The  United  States  Fidelity  & 
Guaranty  Company  of  Maryland,  the  corporation  de- 
scribed in  and  which  executed  the  foregoing  consent ;  that 
he  knew  the  corporate  seal  of  said  company ;  that  the  seal 
affixed  to  said  consent  was  such  corporate  seal;  that  it 
was  affixed  thereto  by  order  of  the  Board  of  Directors  cf 
such  company,  and  that  he  signed  his  name  thereto  by 
like  authority.  And  also,  on  the  23rd  day  of  September, 
1901,  before  me  personally  appeared  John  A.  Sullivan  to 
me  known,  who  being  by  me  first  duly  sworn,  did  depose 
and  say  that  he  was  the  Vice-President  of  The  City  Trust, 
Safe  Deposit  and  Surety  Company  of  Philadelphia,  the 
corporation  described  in  and  which  executed  the  forego- 
ing consent;  that  he  knew  the  corporate  seal  of  said 
company;  that  the  seal  affixed  to  said  consent  was  such 
corporate  seal ;  that  it  was  affixed  thereto  by  order  of  the 
Board  of  Directors  of  such  company,  and  that  he  signed 


Siding  and  Terminals.  307 

his  name  thereto  by  like  authority.  And  also  on  the  2.y  :1 
day  of  September,  1901,  before  me ,  personally  appeared 
David  B.  Sickels,  to  me  known,  who  being  by  me  first 
duly  sworn,  did  depose  and  say  that  he  was  the  Vice- 
President  of  American  Surety  Company  of  New  York, 
the  corporation  described  in  and  which  executed  the  fore- 
going consent;  that  he  knew  the  corporate  seal  of  said 
company;  that  the  seal  affixed  to  said  consent  was  such 
corporate  seal ;  that  it  was  affixed  thereto  by  order  of  the 
Board  of  Directors  of  such  company,  and  that  he  signed 
his  name  thereto  by  like  authority.  And  also  on  the  25th 
day  of  September,  1901,  before  me  personally  appeared 
Charles  A.  Dean,  to  me  known,  who  being  by  me  first 
duly  sworn,  did  depose  and  say  that  he  was  the  President 
of  National  Surety  Company,  the  corporation  described  in 
and  which  executed  the  foregoing  consent;  that  he  knew 
the  corporate  seal  of  said  company;  that  the  seal  affixed 
to  said  consent  was  such  corporate  seal,  that  it  was  affixed 
thereto  by  order  of  the  Board  of  Directors  of  such  com- 
pany, and  that  he  signed  his  name  thereto  by  like  author- 
ity. And  also  on  the  23rd  day  of  September,  1901,  before 
me  personally  appeared  Walter  G.  Oakman,  to  me  known, 
who  being  by  me  first  duly  sworn,  did  depose  and  say 
that  he  was  the  Vice-President  of  Rapid  Transit  Subway 
Construction  Company,  the  corporation  described  in  and 
which  executed  the  foregoing  consent;  that  he  knew  the 
corporate  seal  of  said  company;  that  the  seal  affixed  to 
said  consent  was  such  corporate  seal ;  that  it  was  affixed 
thereto  by  order  of  the  Board  of  Directors  of  such  com- 
pany, and  that  he  signed  his  name  thereto  by  like  au- 
thority. 

A.  W.  ANDREWS  (36), 

[NOTARIAL]  NOTARY  PUBLIC, 

[    SEAL    ]  N.  Y.  Co. 


308  Siding  and  Terminals. 

Approval  by  Corporation  Counsel. 


THE  FOREGOING  CONTRACT  is  HEREBY  APPROVED  AS 
TO  FORM. 

Dated,  New  York,  Sept.  16,  1901. 

JOHN  WHALEN, 
CORPORATION  COUNSEL. 


Resolution  Adopted  by   the   Rapid   Transit   Board 
on  May  2,  19O1. 


WHEREAS,  This  Board  has  heretofore  and  on  or  about 
the  25th  day  of  April,  1901,  received  from  John  B.  Mc- 
Donald, contractor,  a  request  as  follows : 

"NEW  YORK,  April  25,  1901. 

To  the  Honorable  Board  of  Rapid  Transit  Railroad  Com- 
missioners: 

GENTLEMEN  :  I  have  the  honor  to  apply  to  the  Board 
for  permission  to  construct  a  siding  from  a  point  at  or 
near  the  north  side  of  One  Hundred  and  Third  Street  to 
the  southerly  side  of  One  Hundred  and  Thirty-seventh 
street. 

A  part  of  this  siding  has  already  been  authorized  by  a 
resolution  adopted  by  the  Board  on  January  24th  last. 
Another  part  of  the  siding  was  authorized  by  a  resolution 
of  the  Board  passed  March  7,  1901,  approving  the  con- 
ruction  as  a  part  of  the  terminal  of  a  third  or  storage 
track  between  One  Hundred  and  Third  and  One  Hun- 
dred and  Sixteenth  streets. 


Siding  and  Terminals.  309 

The  construction  of  the  proposed  siding  and  the  other 
sidings  already  authorized  will  not  exceed  in  length  one- 
quarter  of  a  mile  for  each  mile  of  roadway. 

I  also  apply  for  permission  to  construct  three  tracks  as 
terminals  on  either  side  of  the  main  track,  between  the 
stations  of  One  Hundred  and  Thirty-seventh  street  and 
One  Hundred  and  Forty-fifth  street,  and  to  expend  there- 
for the  cost  of  constructing  the  third  or  storage  track,  be- 
tween One  Hundred  and  Third  street  and  One  Hundred 
and  Sixteenth  street,  as  authorized  by  the  resolution  of 
the  Board  passed  March  7,  1901. 
Yours  respectfully, 

(Signed)          JOHN  B.  McDONALD," 

and 

WHEREAS,  This  Board  did,  on  the  7th  day  of  March, 
1901,  adopt  a  certain  resolution  as  follows: 


,  That  the  request  of  the  contractor,  John  3. 
McDonald,  for  the  construction  of  a  third  or  storage  track 
between  the  regular  tracks  of  the  west  side  line,  between 
One  Hundred  and  Third  and  One  Hundred  and  Sixteenth 
streets,  be  granted,  provided  that  the  cost  thereof  shall  be 
deducted  from  the  one  million  seven  hundred  and  fifty 
thousand  dollars,  which  is  the  maximum  liability  of  the 
city  for  cost  of  terminals,  and  that  a  proper  stipulation  or 
contract  modifying  the  Rapid  Transit  Contract  in  this  re- 
spect be  executed  by  the  contractor  and  his  sureties  ;  and 
it  is  further 

RESOLVED,  That  the  officers  of  this  Board  be  and  they 
hereby  are  authorized  to  execute  with  the  contractor  such 
contract  with  such  stipulation  or  amendatory  contract;" 
and 

WHEREAS,  The  construction  hereinafter  described  is  for 
the  interest  of  the  City,  and  will  materially  improve  rapid 
transit  facilities  on  the  routes  now  authorized  ;  now,  there- 
fore, it  is 

RESOLVED,  That  the  said  resolution  of  7th  March,  1901, 
be  and  the  same  hereby  is  rescinded  ;  and  it  is  further 


310  Siding  and  Terminals. 

RESOLVED,  That  the  President  and  Secretary,  in  the 
name  and  under  the  seal  of  this  Board,  be  and  they  hereby 
are  authorized  to  execute  an  amendatory  contract  modify- 
ing the  contract  for  construction  and  operation,  as  fol- 
lows: 

1.  That  a  side  track  be  constructed  on  the  portion  of 
the  route  extending  along  the  Boulevard   (now  Broad- 
way), from  a  point  at  or  near  the  north  side  of  One  Hun- 
dred and  Third  street  to  the  southerly  side  of  One  Hun- 
dred and  Thirty-seventh  street ;  that  the  work  of  such  con- 
struction shall  be  done  and  paid  for  as  extra  work  under 
the  contract  for  construction  and  operation ;  that  the  cost 
thereof  shall  be  deemed  part  of  the  cost  of  the  Rapid 
Transit  Railway,  and  that  rental  therefor  is  to  be  paid  by 
the  contractor  in  all  respects  as  if  said  side  track  had  been 
originally  authorized  by  the  contract  for  construction  and 
operation  made  between  the  City  and  the  said  John  B. 
McDonald. 

• 

2.  That  three  additional  tracks  be  constructed  on  either 

side  of  the  main  track  on  the  portion  of  the  route  extend- 
ing along  the  Boulevard  (now  Broadway),  between  the 
station  at  One  Hundred  and  Thirty-seventh  street  and  the 
station  at  One  Hundred  and  Forty-fifth  street;  that  such 
additional  tracks  be  and  be  deemed  part  of  the  terminals 
provided  for  in  the  said  contract  for  construction  and 
operation,  and  that  the  cost  thereof  shall  be  deducted  from 
the  $1,750,000  which  is  the  maximum  liability  of  the  City 
for  cost  of  terminals. 

3.  That  such  amendatory  contract  contain  such  other 
details  and  provisions  not  inconsistent  herewith  as  shall 
be  approved  by  the  President  of  the  Board. 

4.  That  such  contract  shall  take  effect  when  and  only 
when  the  following  consents  and  approvals  shall  have 
been  duly  had ;  Rapid  Transit  Subway  Construction  Com- 
pany; The  United  States  Fidelity  and  Guaranty  Com- 
pany ;  The  City  Trust,  Safe  Deposit  and  Surety  Company 
of    Philadelphia;   American    Surety    Company   of    New 
York,  National  Surety  Company,  and  Perry  Belmont. 


The  City  of  New  York 

By  its  Rapid  Transit  Board, 


WITH 


John  B.  McDonald, 

Contractor. 


AGREEMENT 

Modifying    Contract    for    Construction    and 
Operation  of  Rapid  Transit  Railroad. 


Dated,  loth  April, 


Correcting  Error  in  Contract.  315 

made  this  tenth  day  of  April,  in  the 
year  1902,  between  THE  CITY  OF  NEW  YORK,  hereinafter 
called  the  City,  acting  by  the  Board  of  Rapid  Transit 
Railroad  Commissioners  for  the  City  of  New  York,  here- 
inafter called  the  Board,  party  of  the  first  part,  and  JOHN 
B.  MCDONALD,  of  the  City  of  New  York,  hereinafter 
called  the  Contractor,  party  of  the  second  part,  WiT- 

NESSETH  : 

WHEREAS,  Heretofore  and  on  or  about  the  2ist  day  of 
February,  1900,  the  City,  acting  by  the  Board,  entered 
into  a  contract  with  the  Contractor  for  the  construction 
and  operation  of  a  Rapid  Transit  Railroad  in  the  City  of 
New  York  and  otherwise  as  therein  mentioned,  the  said 
contract  being  hereinafter  styled  the  Contract  for  Con- 
struction and  Operation ;  which  contract  was  on  said  day 
modified  in  certain  respects  by  a  further  agreement  be- 
tween the  said  parties  bearing  the  same  date;  and  which 
contract  has  been  further  modified  by  certain  other  agree- 
ments between  the  said  parties  respectively,  bearing  date 
June  21,  1900,  January  10,  1901,  and  May  2,  1901 ;  and 


3i 6  Correcting  Error  in  Contract. 

WHEREAS,  The  Contractor  has  deposited  with  the 
Comptroller  of  the  City  certain  security  for  the  per- 
formance of  the  said  Contract  for  Construction  and 
Operation  on  his  part  and  has  given  certain  bonds 
as  further  security  for  such  performance,  and  upon 
such  bonds  there  are  sureties  as  follows:  Rapid 
Transit  Subway  Construction  Company,  The  United 
States  Fidelity  &  Guaranty  Company,  The  City  Trust, 
Safe  Deposit  and  Surety  Company  of  Philadelphia. 
American  Surety  Company  of  New  York,  National  Surety 
Company,  and  Perry  Belmont ;  and 

WHEREAS,  It  is  in  said  Contract  for  Construction  and 
Operation  provided  as  follows:  "Between  the  hours  of 
half-past  eleven  and  one  o'clock  at  night  and  between  five 
and  six  o'clock  in  the  morning  trains  shall  be  run  by  the 
Contractor  stopping  at  all  stations  at  intervals  of  not  less 
than  ten  (10)  minutes.  Between  the  hours  of  one  o'clock 
and  five  o'clock  in  the  morning  trains  shall  be  run  stop- 
ping at  all  stations  at  intervals  of  not  less  than  fifteen 
(15)  minutes;"  and 


Correcting  Error  in  Contract.  317 

WHEREAS,  It  was  the  intention  of  the  parties  to  the 
Contract  for  Construction  and  Operation  at  the  time  of  its 
execution,  which  parties  are  also,  the  parties  to  this  agree- 
ment, that  it  should  be  provided  in  said  Contract  that  be- 
tween the  hours  of  half-past  eleven  and  one  o'clock  at 
night  and  between  five  and  six  o'clock  in  the  morning 
trains  should  be  run  stopping  at  all  stations,  at  intervals 
of  not  more  than  ten  (  10)  minutes,  and  that  between  the 
hours  of  one  o'clock  and  five  o'clock  in  the  morning  trains 
should  be  run  stopping  at  all  stations  at  intervals  of  not 
more  than  fifteen  (15)  minutes,  and  not,  as  it  is  at  pres- 
ent provided  in  said  Contract,  that  such  intervals  should 
be  intervals  of  not  less  than  ten  (  10)  minutes  and  of  not 
less  than  fifteen  (15)  minutes  respectively; 


*fi*lOW,  tbCrCfOrC,  in  consideration  of  the  prem- 
ises, and  subject  to  the  consents  hereinafter  provided,  It 
10  aQVeefc  that  the  said  Contract  for  Construction  and 
Operation  be  and  the  same  is  hereby  modified  as  follows  : 
By  striking  from  the  Lease  contained  in  the  saidCon  tract  the 


3i 8  Correcting  Error  in  Contract. 

following :  "Between  the  hours  of  half-past  eleven  and  one 
o'clock  at  night  and  between  five  and  six  o'clock  in  the 
morning  trains  shall  be  run  by  the  Contractor  stopping  at 
all  stations  at  intervals  of  not  less  than  ten  ( 10)  minutes. 
Between  the  hours  of  one  o'clock  and  five  o'clock  in  the 
morning,  trains  shall  be  run,  stopping  at  all  stations  at  in- 
tervals of  not  less  than  fifteen  (15)  minutes." 

And  by  inserting  in  the  said  Lease,  instead  of  the  por- 
tion thereof  thus  struck  out,  the  following,  to  wit:  "Be- 
tween the  hours  of  half-past  eleven  and  one  o'clock  at 
night  and  between  five  and  six  o'clock  in  the  morning 
trains  shall  be  run  by  the  Contractor  stopping  at  all  sta- 
tions at  intervals  of  not  more  than  ten  ( 10)  minutes.  Be- 
tween the  hours  of  one  o'clock  and  five  o'clock  in  the 
morning  trains  shall  be  run,  stopping  at  all  stations  at  in- 
tervals of  not  more  than  fifteen  (15)  minutes." 

PROVIDED,  HOWEVER,  and  it  is  expressly  agreed  that  this 
agreement  shall  take  effect  when  and  only  when  the  fol- 
lowing consents  hereto  shall  be  duly  had,  to  wit : 

The  consents  as  subjoined  of  Rapid  Transit  Subway 
Construction  Company,  The  United  States  Fidelity  & 


Correcting  Error  in  Contract.  319 

Guaranty  Company,  The  City  Trust,  Safe  Deposit  & 
Surety  Company  of  Philadelphia,  American  Surety  Com- 
pany of  New  York,  National  Surety  Company,  and 
Perry  Belmont. 


flit  WitnC00  VObCrCOf,  this  contract  has  been 
executed  for  the  City  of  New  York  by  its  Board  of  Rapid 
Transit  Railroad  Commissioners  under  and  by  a  resolu- 
tion duly  adopted  by  said  Board,  concurred  in  by  more 
than  six  of  its  members,  and  the  seal  of  the  said  Board 
has  been  hereto  affixed  and  these  presents  signed  by  the 
president  and  secretary  of  the  said  Board  and  the  Con- 
tractor has  hereto  set  his  hand  and  seal  the  day  and  year 
first  above  written. 

BOARD  OF  RAPID  TRANSIT  R.  R.  COMMIS- 
SIONERS, 

By  A.  E.  ORR, 

PRESIDENT. 

BION  L.  BURROWS        [SEAL.] 
SECRETARY. 

JOHN  B.  MCDONALD.  [SEAL.] 


320  Correcting  Error  in  Contract. 

STATE  OF  NEW  YORK, 


ss. '. 
COUNTY  OF  NEW  YORK, 


On  this  first  day  of  July,  1902,  at  the  City  of  New  York, 
in  said  County,  before  me  personally  appeared  Alexander 
E.  Orr  and  Bion  L.  Burrows,  to  me  known  and  known  to 
me  to  be,  the  said  Alexander  E.  Orr,  the  president,  and 
the  said  Bion  L.  Burrows,  the  secretary  of  the  Board  of 
Rapid  Transit  Railroad  Commissioners  for  the  City  of 
New  York;  and  the  said  Alexander  E.  Orr  and  Bion  L. 
Burrows,  being  by  me  duly  sworn,  did  depose  and  say, 
each  for  himself  and  not  one  for  the  other,  the  said  Alex- 
ander E.  Orr  that  he  resided  in  the  Borough  of  Brooklyn, 
in  the  said  City,  that  he  was  the  president  of  the  said 
Board,  and  that  he  subscribed  his  name  to  the  foregoing 
contract  by  virtue  of  the  authority  thereof;  and  the  said 
Bion  L.  Burrows  that  he  resided  in  the  Borough  of  Man 
hattan.in  the  said  City, that  he  was  the  secretary  of  the  said 
Board,  and  that  he  subscribed  his  name  thereto  by  like  au- 
thority ;  and  both  the  said  Alexander  E.  Orr  and  Bion  L 
Burrows  that  they  knew  the  seal  of  the  said  Board  and 


Correcting  Error  in  Contract.  321 

that  the  same  was  affixed  to  the  foregoing  instrument  by 
the  authority  of  the  said  Board  and  of  a  resolution  duly 
adopted  by  the  same. 

H.  A.  D.  HOLLMANN, 

[SEAL.]      NOTARY  PUBLIC  FOR  KINGS  COUNTY,  N.  Y. 
Certificate  filed  in  New  York  County. 


STATE  OF  NEW  YORK, 
COUNTY  OF  NEW  YORK 


Jss.: 


On  this  sixth  of  June,  1902,  before  me  personally  ap- 
peared John  B.  McDonald,  to  me  known  and  known  to  me 
to  be  the  person  and  Contractor  named  in  and  who  exe- 
cuted the  foregoing  contract,  and  acknowledged  to  me 
that  he  executed  the  same. 

A.  W.  ANDREWS  (36), 

[SEAL.]  NOTARY  PUBLIC, 

N.  Y  Co. 


322  Correcting  Error  in  Contract. 

£b€  IHnfcerStCjnefc,  being  the  sureties  of  John  B. 
McDonald,  the  Contractor  above  mentioned,  upon  the  con- 
tinuing bond  in  the  penalty  of  One  million  dollars 
($1,000,000)  and  the  bond  for  construction  and  equip- 
ment in  the  penalty  of  Five  million  dollars  ($5,000,000) 
hereby  consent  to  the  making  of  the  foregoing  instrument. 

Dated  New  York,  April        ,  1902. 
RAPID  TRANSIT  SUBWAY  CONSTRUCTION  CO., 

4 

By  W.  G.  OAKMAN, 
[SEAL.]  VICE-PRESIDENT. 

THE  UNITED  STATES  FIDELITY  AND 
GUARANTY  COMPANY, 

By  ANDREW  FREEDMAN, 
[  SEAL.  ]  VICE-PRESIDENT. 

AMERICAN  SURETY  COMPANY  OF 
NEW  YORK, 

H.  D.  LYMAN, 
[SEAL.]  PRESIDENT. 

H.  B.  ZEVELY, 

SECRETARY. 

THE  CITY  TRUST,  SAFE  DEPOSIT  AND  SURETY 
COMPANY  OF  PHILADELPHIA, 

160  Broadway,  N.  Y. 

P.  H.  MOONEY, 

VICE-PRESIDENT. 
[SEAL.] 
TIMOTHY  E.  COHALAN, 

ASST.  SECRETARY. 


Correcting  Error  in  Contract.  323 

NATIONAL  SURETY  COMPANY, 

•By  THO.  F.  GOODRICH, 

VICE-PRESIDENT. 

[SEAL.] 
ATTEST  : 

BALLARD  McCALL, 

SECRETARY. 
PERRY  BELMONT,  [SEAL.] 


STATE  OF  NEW  YORK.     ( 

<     55  • 

COUNTY  OF  NEW  YORK,  |^ 

On  the  sixth  day  of  June,  1902,  before  me  personally 
appeared  Perry  Belmont,  to  me  known  and  known  to  me 
to  be  the  individual  described  in  and  who  executed  the 
foregoing  consent,  and  he  acknowledged  to  me  that  he 
executed  the  same. 

A.  W.  ANDREWS  (36), 

NOTARY  PUBLIC, 
N.  Y.  Co. 


324  Correcting  Error  in  Contract. 

STATE  OF  NEW  YORK, 
COUNTY  OF  NEW  YORK, 

On  this  sixth  day  of  June,  1902,  before  me  personally 
appeared  Andrew  Freedman,  to  me  known,  who  being  by 
me  first  duly  sworn,  did  depose  and  say  that  he  was  the 
Vice-President  of  United    States    Fidelity  &  Guaranty 
Company  of  Maryland,  the  corporation  described  in  and 
which  executed  the  foregoing  consent;  that  he  knew  the 
corporate  seal  of  said  company ;  that  the  seal  affixed  Lo 
said  consent  was  such  corporate  seal ;  that  it  was  affixed 
thereto  by  order  of  the  Board  of  Directors  of  such  com- 
pany, and  that  he  signed  his  name  thereto  by  like  author- 
ity. And  also,  on  the  6th  day  of  June,  1902,  before  me  per- 
sonally appeared  Patrick  H.  Mooney,  to  me  known,  who 
being  by  me  first  duly  sworn,  did  depose  and  say  that  he 
was  the  Vice-President  of  The  City  Trust,  Safe  Deposit 
and  Surety  Company  of  Philadelphia,  the  corporation  de- 
scribed in  and  which  executed  the  foregoing  consent ;  that 
he  knew  the  corporate  seal  of  said  company ;  that  the  seal 
affixed  to  said  consent  was  such  corporate  seal ;  that  it  was 
affixed  thereto  by  order  of  the  Board  of  Directors  of  such  ' 
company,  and  that  he  signed  his  name  thereto  by  like 


Correcting  Error  in  Contract.  325 

authority.  And  also,  on  the  6th  day  of  June,  1902,  before 
me  personally  appeared  Henry  D.  Lyman,  to  me  known, 
who  being  by  me  first  duly  sworn,  did  depose  and  say 
that  he  was  the  President  of  American  Surety  Company 
of  New  York,  the  corporation  described  in  and  which  exe- 
cuted the  foregoing  consent ;  that  he  knew  the  corporate 
seal  of  said  company ;  that  the  seal  affixed  to  said  consent 
was  such  corporate  seal;  that  it  was  affixed  thereto  by 
order  of  the  Board  of  Directors  of  such  company,  and 
that  he  signed  his  name  thereto  by  like  authority.  And 
also,  on  the  6th  day  of  June,  1902,  before  me  personally 
appeared  Thomas  F.  Goodrich,  to  me  known,  who  being 
by  me  first  duly  sworn,  did  depose  and  say  that  he  was 
the  Vice-President  of  National  Surety  Company  of  New 
York,  the  corporation  described  in  and  which  executed  the 
foregoing  consent ;  that  he  knew  the  corporate  seal  of  said 
company;  that  the  seal  affixed  to  said  consent  was  such 
corporate  seal ;  that  it  was  affixed  thereto  by  order  of  the 
Board  of  Directors  of  such  company,  and  that  he  signed 
his  name  thereto  by  like  authority.  And  also  on  the  6th 
day  of  June,  1902,  before  me  personally  appeared  Walter 


326  Correcting  Error  in  Contract. 

G.  Oakman,  to  me  known,  who  being  by  me  first  duly 
sworn,  did  depose  and  say  that  he  was  the  Vice-President 
of  Rapid  Transit  Subway  Construction  Company,  the  cor- 
poration described  in  and  which  executed  the  foregoing 
consent ;  that  he  knew  the  corporate  seal  of  said  company ; 
that  the  seal  affixed  to  said  consent  was  such  corporate 
'seal;  that  it  was  affixed  thereto  by  order  of  the  Board  of 
Directors  of  such  company,  and  that  he  signed  his  name 
thereto  by  like  authority. 

A.  W.  ANDREWS  (36), 
NOTARY  PUBLIC, 
N.  Y.  Co. 


THE  FOREGOING  CONTRACT  is  HEREBY  APPROVED  AS  TO 
FORM. 

Dated  New  York,  June  2nd,  1902. 

G.  L.  RIVES, 
CORPORATION  COUNSEL. 


Assignment  of  Leasing 


Part  of 


flanhattan-Bronx  Contract 


to 


Interborough  Rapid  Transit 
Company. 


Assignment  to  Interborough  Co.  331 

,  made  the  loth  day  of  July,  1902,  by 
and  between  John  B.  McDonald,  of  the  City,  County  and 

State  of  New  York,  hereinafter  called  the  "Contractor," 
party  of  the  first  part,  and  Interborough  Rapid  Transit 
Company,  a  corporation  duly  organized  and  existing  un- 
der the  laws  of  the  State  of  New  York,  hereinafter  called 
"Interborough  Comp.any,"  party  of  the  second  part,  wit- 
nesseth : 

WHEREAS,  The  Contractor  heretofore  entered  into  a 
contract  with  The  City  of  New  York  (acting  by  the 
Board  of  Rapid  Transit  Railroad  Commissioners  for  The 
City  of  New  York),  bearing  date  the  2ist  day  of  Feb- 
ruary, 1900,  for  the  construction,  equipment  and  opera- 
tion of  a  rapid  transit  railroad  in  The  City  of  New  York, 
which  contract  was  thereafter  modified  in  certain  particu- 
lars by  agreements  between  the  said  parties  supplemental 
thereto  and  amendatory  thereof,  which  agreements  bear 
date  the  said  2ist  day  of  February,  1900;  the  2ist  day 
of  June,  1900;  the  loth  day  of  January,  1901;  and  the 
2d  day  of  May,  1901,  respectively,  the  said  contract  and 


332  Assignment  to  Interborough  Co. 

agreements  amendatory  thereof  and  supplemental  thereto 
being  together  hereinafter  referred  to  as  the  rapid  tran- 
sit contract;  and 

WHEREAS,  The  Interborough  Company  has  been  duly 
organized  under  the  Railroad  Law  of  this  State  for  the 
purposes,  among  other  things,  of  maintaining  and  operat- 
ing the  said  railway,  and  has  been  approved  in  writing 
by  the  said  Board  of  Rapid  Transit  Railroad  Commis- 
sioners, pursuant  to  the  provisions  of  chapter  4  of  the 
Laws  of  1891,  as  amended  by  chapter  544  of  the  Laws 
of  1902,  and  the  Contractor  desires  to  assign  and  trans- 
fer unto  Interborough  Company,  and  Interborough  Com- 
pany desires  to  accept  an  assignment  of  so  much  of  the 
rapid  transit  contract  as  provides  for  the  maintenance 
and  operation  of  the  said  railway,  including  the  obliga- 
tion to  provide  an  equipment  for  the  same,  subject  to  all 
the  terms  and  conditions  in  said  contract  contained  with 
respect  to  such  maintenance  and  operation,  and  with 
respect  to  the  equipment  of  the  said  railroad. 

"WOW,  tbCrefOfC,  in  consideration  of  the  premises,  and 
for  a  valuable  consideration  by  Interborough  Company 


Assignment  to  Interborough  Co.  333 

to  the  Contractor  in  hand  paid,  the  receipt  whereof  is 
hereby  acknowledged,  the  Contractor  has  sold,  assigned, 
transferred,  conveyed  and  set  over,  and  does  hereby  sell, 
assign,  transfer,  convey  and  set  over  unto  Interborough 
Company  so  much  of  the  rapid  transit  contract  as  pro- 
vides for  the  maintenance  and  operation  of  the  said  rapid 
transit  railroad  (including  the  equipment  thereof),  and 
does  hereby  assign  unto  the  Interborough  Company  the 
right  or  obligation  to  maintain  and  operate  the  said  road 
or  roads  in  the  rapid  transit  contract  described,  for  and 
during  the  remainder  of  the  term  of  years  specified  in 
such  contract,  and  all  rights  with  respect  to  such  main- 
tenance and  operation,  or  included  in  the  leasing  pro- 
visions of  such  contract,  subject  to  all  the  terms  and  con- 
ditions therein  stated,  together  with  all  obligations  as- 
sumed by  the  Contractor  in  and  by  the  said  rapid  transit 
contract  with  respect  to  the  equipment  of  the  said  rail- 
road; and  from  and  after  the  execution  hereof  the  Inter- 
borough Company  shall  be  entitled  to  have  and  receive 
all  sums  of  money  due  or  to  come  due  from  The  City 
of  New  York  under  said  contract  for  the  equipment  of  the 


334  Assignment  to  Interborough  Co. 

said  railroad  or  any  part  thereof,  or  for  the  maintenance 
and  operation  of  the  same,  and  shall  have  and  enjoy  all 
rights,  privileges,  emoluments  and  benefits  arising  under 
or  because  of  the  provisions  for  the  equipment  of  the  said 
railroad,  and  for  the  maintenance  and  operation  thereof 
as  in  said  contract  provided,  as  fully  as  the  Contractor 
might  or  could  have  and  enjoy  if  this  assignment  were 
not  made. 

The  Interborough  Company  on  its  part  does  hereby 
assume  all  of  the  obligations  of  the  Contractor  under  or 
by  reason  of  the  rapid  transit  contract  with  respect  to 
the  equipment  of  the  said  railroad  and  every  portion 
thereof,  and  all  obligations  whatsoever  of  the  Contractor 
under  or  by  reason  of  the  leasing  provisions  of  said  con- 
tract, and  all  obligations  which  relate  in  any  way  to  the 
maintenance  or  operation  of  the  said  railroad  in  said  con- 
tract described,  and  does  hereby  agree  to  carry  out  and 
perform  each  and  every  of  the  said  obligations  as  fully 
as  the  Contractor  has  been  or  is  bound  to  do  in  and  by 
the  said  contract. 


Assignment  to  Interborough  Co.  335 

The  Interborough  Company  further  agrees  to  well  and 
truly  indemnify  and  save  harmless  the  Contractor  of  and 
from  any  liability,  claim  or  demand  arising  under  such 
portions  of  the  rapid  transit  contract  as  are  hereby  as- 
signed, or  any  portion  thereof. 

This  agreement  shall  bind  the  parties  hereto,  their  re- 
spective heirs,  executors,  administrators,  successors  and 
assigns. 

It  is,  however,  understood  and  agreed  that  this  assign- 
ment shall  not  take  effect  until  the  same  shall  be  con- 
sented to  in  writing  by  the  said  Board  of  Rapid  Transit 
Railroad  Commissioners,  and  such  assignment  and  con- 
sent shall  in  no  respect  affect  the  security  or  securities 
for  the  performance  of  the  rapid  transit  contract  or  any 
part  thereof  by  the  Contractor. 

i 

Provided,  further,  and  it  is  expressly  agreed,  that  this 
agreement  shall  take  effect  when,  and  only  when,  the  fol- 
lowing consents  hereto  and  approvals  hereof  shall  be  duly 
had — to  wit,  the  consents  as  subjoined  of  Rapid  Transit 
Subway  Construction  Company,  The  United  States  Fidel- 


336  Assignment  to  Interborough  Co. 

ity  and  Guaranty  Company,  the  City  Trust,  Safe  Deposit 
and  Surety  Company,  of  Philadelphia;  American  Surety 
Company,  of  New  York;  National  Surety  Company  and 
Perry  Belmont. 

In  Witne6$  WberCOf,  the  party  hereto  of  the  first  part 
has  hereunto  set  his  hand  and  seal,  and  the  party  hereto 
of  the  second  part  has  caused  these  presents  to  be  duly 
signed  by  its  proper  officers  under  its  corporate  seal,  the 
day  and  year  first  above  written. 

JOHN  B.  MCDONALD,          [L.  s.] 

INTERBOROUGH  RAPID  TRANSIT  COMPANY, 
By  AUGUST  BELMONT,  PRESIDENT. 

ATTEST : 
FREDERICK  EVANS,  SECRETARY. 


Assignment  to  Interborough  Co.  337 

STATE  OF  NEW  YORK, 


SS  " 

COUNTY  OF  NEW  YORK,  r 

On  this  I7th  day  of  July,  1902,  before  me  personally 
came  John  B.  McDonald,  to  me  known,  and  known  to  me 
to  be  the  individual  described  in  and  whd  executed  the 
foregoing  instrument,  and  to  me  acknowledged  that  he 
executed  the  same. 

GEORGE  A.  STEVES, 
NOTARY  PUBLIC  (114), 

County  of  Kings. 


STATE  OF  NEW  YORK. 

ss  • 
COUNTY  OF  NEW  YORK,  | 

On  this  nth  day  of  July,  1902,  before  me  personally 
came  August  Belmont,  to  me  known,  who  being  by  me 
duly  sworn,  did  depose  and  say,  that  he  resided  in  the 
Town  of  Hempstead,  Nassau  County,  New  York ;  that  he 
is  President  of  the  Interborough  Rapid  Transit  Com- 
pany, the  corporation  described  in  and  which  executed 
the  above  instrument;  that  he  knew  the  seal  of  the  said 
corporation ;  that  the  seal  affixed  to  said  instrument  was 
such  corporate  seal ;  that  it  was  so  affixed  by  order  of 
the  Board  of  Directors  of  said  corporation,  and  that  he 
signed  his  name  thereto  by  like  order. 

CHAS.  W.  SANDFORD, 

NOTARY  PUBLIC  (20), 

County  of  Kings. 


The  Board  of  Rapid  Transit  Railroad  Commissioners 
for  The  City  of  New  York  does  hereby  consent  to  the 
foregoing  assignment. 

Dated,  New  York,  July  18,  1902. 

THE  BOARD  OF  RAPID  TRANSIT  RAILROAD 
COMMISSIONERS  FOR  THE  CITY  OF  NEW 
YORK. 

By  A.  E.  ORR,  PRESIDENT. 
BION  L.  BURROWS, 
SECRETARY. 


338  Assignment  to  Interborough  Co. 


STATE  OF  NEW  YORK, 
COUNTY  OF  NEW  YORK 


,1 


On  this  4th  day  of  September,  1902,  at  The  City  of 
New  York,  in  said  county,  before  me  personally  appeared 
Alexander  E.  Orr  and  Bion  L.  Burrows,  to  me  known, 
and  known  to  me  to  be  the  said  Alexander  E.  Orr,  the 
President,  and  the  said  Bion  L.  Burrows,  the  Secretary,  of 
the  Board  of  Rapid  Transit  Railroad  Commissioners  for 
the  City  of  New  York;  and  the  said  Alexander  E.  Orr 
and  Bion  L.  Burrows,  being  by  me  duly  sworn,  did  de- 
pose and  say,  each  for  himself,  and  not  one  for  the 
other,  the  said  Alexander  Orr,  that  he  resided  in  the 
Borough  of  Brooklyn,  in  the  said  city,  that  he  was  the 
President  of  the  said  Board,  and  that  he  subscribed  his 
name  to  the  foregoing  consent  by  virtue  of  the  authority 
thereof;  and  the  said  Bion  L.  Burrows,  that  he  resided 
in  the  Borough  of  Manhattan,  in  the  said  City  of  New 
York,  that  he  was  the  Secretary  of  the  said  Board,  and 
that  he  subscribed  his  name  thereto  by  like  authority; 
and  both  the  said  Alexander  E.  Orr  and  Bion  L.  Bur- 
rows, that  they  knew  the  seal  of  the  said  Board,  that 
one  of  the  seals  affixed  to  the  above  instrument  was  such 
seal,  and  that  the  same  was  affixed  to  the  foregoing  in- 
strument by  the  order  of  the  said  Board  and  of  a  resolu- 
tion duly  adopted  by  the  same,  and  that  they  signed  their 
names  thereto  by  like  order. 

SEYMOUR  K.  FULLER, 

NOTARY  PUBLIC  (14), 

Kings  County. 

Certificate  filed  in  New  York  County. 
We  hereby  consent  to  the  foregoing  assignment. 
Dated  New  York,  July  17,  1902. 

AUGUST  BELMONT  &  CO. 

On  this  1 7th  day  of  July,  1902,  before  me  personally 
appeared  August  Belmont,  to  me  known,  and  known  to 
me  to  be  a  member  of  the  firm  of  August  Belmont  &  Co., 


Assignment  to  Interborough  Co.  339 

described  in  and  which  executed  the  foregoing  consent, 
and  who  acknowledged  to  me  that  he  executed  the  same 
as  and  for  the  act  and  deed  of  the  said  firm. 

CHAS.  W.  SANDFORD, 

NOTARY  PUBLIC  (20), 

Kings  County. 

Certificate  filed  in  New  York  County. 


,  being  the  sureties  of  John  B.  Mc- 
Donald, the  Contractor  above  mentioned,  upon  the  con- 
tinuing bond  in  the  penalty  of  one  million  dollars 
($1,000,000),  and  the  bond  for  construction  and  equip- 
ment in  the  penalty  of  five  million  dollars  ($5,000,000), 
hereby  consent  to  the  making  of  the  foregoing  instru- 
ment. 

Dated,  New  York,  July  18,  1902. 

RAPID    TRANSIT     SUBWAY     CONSTRUCTION 
COMPANY, 

By  AUGUST  BELMONT,  PRESIDENT. 

THE  UNITED   STATES  FIDELITY  AND  GUAR- 
ANTY COMPANY, 
By  SYLVESTER  J.  O'SULLIVAN,  MANAGER. 

CITY    TRUST,    SAFE    DEPOSIT   AND    SURETY 
COMPANY, 
By  ADRIAN  T.  KIERNAN,  VICE  PRESIDENT. 

AMERICAN  SURETY  COMPANY, 

By   H.   D.   LYMAN,   PRESIDENT. 

NATIONAL  SURETY  COMPANY, 

By  CHAS.  A.  DEAN,   PRESIDENT. 

PERRY  BELMONT. 


340  Assignment  to  Interborough  Co. 

STATE  OF  NEW  YORK, 
COUNTY  OF  NEW  YORK, 

On  the  2 ist  day  of  July,  1902,  before  me  personally 
appeared  Perry  Belmont,  to  me  known,  and  known  to 
me  to  be  the  individual  described  in  and  who  executed  the 
foregoing  consent,  and  who  to  me  acknowledged  that  he 
executed  the  same. 

A.  W.  ANDREWS, 
NOTARY  PUBLIC    (36), 
New  York  County. 


STATE  OF  NEW  YORK, 
COUNTY  OF  NEW  YORK, 

On  this  2 ist  day  of  July,  1902,  before  me  personally 
appeared  Sylvester  J.  O'Sullivan,  to  me  known,  who  be- 
ing by  me  first  duly  sworn,  did  depose  and  say,  that  he 
resided  in  the  Borough  of  Manhattan,  City  of  New 
York,  and  was  the  Manager  of  the  United  States  Fidelity 
and  Guaranty  Company,  one  of  the  corporations  described 
in  and  which  executed  the  foregoing  consent;  that 
he  knew  the  corporate  seal  of  said  company;  that  one  of 
the  seals  affixed  to  said  consent  was  such  corporate  seal ; 
that  it  was  affixed  thereto  by  order  of  the  Board  of  Di- 
rectors of  said  company,  and  that  he  signed  his  name 
thereto  by  like  order.  And  also,  on  the  2 ist  day  of  July, 
1902,  before  me  personally  appeared  Adrian  T.  Kiernan, 
to  me  known,  who  being  by  me  first  duly  sworn,  did  de- 
pose and  say,  that  he  resided  in  the  Borough  of  Manhat- 
tan, City  of  New  York,  and  was  the  Vice-President  of 
the  City  Trust,  Safe  Deposit  and  Surety  Company,  of 
Philadelphia,  one  of  the  corporations  described  in  and 
which  executed  the  foregoing  consent;  that  he  knew 
the  corporate  seal  of  said  company;  that  one  of  the 
seals  affixed  to  said  consent  was  such  corporate  seal; 
that  it  was  affixed  thereto  by  order  of  the  Board  of  Di- 
rectors of  such  company,  and  that  he  signed  his  name 
thereto  by  like  order.  And  also,  on  the  i8th  day  of  July, 
1902,  before  me  personally  appeared  Henry  D.  Lyman, 


Assignment  to  Interborough  Co.  341 

to  me  known,  who  being  by  me  first  duly  sworn,  did  de- 
pose and  say,  that  he  resided  in  the  Borough  of  Man- 
hattan, City  of  New  York,  and  was  the  President  of 
American  Surety  Company,  of  New  York,  one  of  the  cor- 
porations described  in  and  which  executed  the  foregoing 
consent;  that  he  knew  the  corporate  seal  of  said  com- 
pany; that  one  of  the  seals  affixed  to  said  consent  was 
such  corporate  seal;  that  it  was  affixed  thereto  by  order 
of  the  Board  of  Directors  of  such  company,  and  that 
he  signed  his  name  thereto  by  like  order.  And  also, 
on  the  2  ist  day  of  July,  1902,  before  me  personally  ap- 
peared Charles  A.  Dean,  to  me  known,  who  being  by  me 
first  duly  sworn,  did  depose  and  say,  that  he  resided  in 
the  Borough  of  Manhattan,  City  of  New  York,  and  was 
the  President  of  National  Surety  Company,  of  New  York, 
one  of  the  corporations  described  in  and  which  executed 
the  foregoing  consent;  that  he  knew  the  corporate  seal 
of  said  company ;  that  one  of  the  seals  affixed  to  said  con- 
sent was  such  corporate  seal;  that  it  was  affixed  thereto 
by  order  of  the  Board  of  Directors  of  such  company, 
and  that  he  signed  his  name  thereto  by  like  order.  And 
also,  on  the  i8th  day  of  July,  1902,  before  me  personally 
appeared  August  Belmont,  to  me  known,  who  being  by 
me  first  duly  sworn,  did  depose  and  say,  that  he  resided 
in  the  Town  of  Hempstead,  Nassau  County,  New  York, 
and  was  the  President  of  Rapid  Transit  Subway  Con- 
struction Company,  one  of  the  corporations  described  in 
and  which  executed  the  foregoing  consent;  that  he  knew 
the  corporate  seal  of  said  company;  that  one  of  the 
seals  affixed  to  said  consent  was  such  corporate  seal ;  that 
it  was  affixed  thereto  by  order  of  the  Board  of  Directors 
of  such  company,  and  that  he  signed  his  name  thereto 
by  like  order. 

A.  W.  ANDREWS, 
NOTARY  PUBLIC   (36), 
New  York  County. 


342  Assignment  to  Interborough  Co. 

STATE  OF  NEW  YORK,  ) 
COUNTY  OF  NEW  YORK,] 

On  this  3Oth  day  of  July,  in  the  year  1902,  before  me 
personally  came  John  R.  Bland,  to  me  known,  who  being 
by  me  duly  sworn,  did  depose  and  say,  that  he  resided  in 
the  City  of  Baltimore,  in  the  State  of  Maryland;  that 
he  is  the  President  of  The  United  States  Fidelity  and 
Guaranty  Company,  one  of  the  corporations  described 
herein  and  which  executed  the  above  instrument;  that  he 
knew  the  seal  of  the  said  corporation;  that  one  of  the 
seals  affixed  to  said  instrument  was  such  corporate  seal; 
that  it  was  so  affixed  by  order  of  the  Board  of  Directors 
of  said  corporation,  and  that  he  signed  his  name  thereto 
by  like  order. 

A.  W.  ANDREWS, 
NOTARY  PUBLIC   (36), 
New  York  County. 


Assignment  to  Interborough  Co.  343 

HQtCClTlCnt  made  this  loth  day  of  July,  1902,  by  and 
between  The  City  of  New  York  (acting  by  its  Board  of 
Rapid  Transit  Railroad  Commissioners),  party  of  the 
first  part,  John  B.  McDonald,  party  of  the  second  part, 
and  Interborough  Rapid  Transit  Company,  a  corporation 
duly  organized  and  existing  under  the  laws  of  the  State 
of  New  York,  party  of  the  third  part,  witnesseth: 

WHEREAS,  The  said  John  B.  McDonald  heretofore  en- 
tered into  a  contract  with  The  City  of  New  York  (acting 
by  the  Board  of  Rapid  Transit  Railroad  Commissioners 
for  The  City  of  New  York),  bearing  date  the  2ist  day  of 
February,  1900,  for  tfie  construction,  equipment  and 
operation  of  a  rapid  transit  railroad  in  The  City  of  New 
York,  which  contract  (hereinafter  called  the  rapid  transit 
contract)  was  thereafter  modified  by  certain  agreements 
supplemental  thereto  and  amendatory  thereof;  and 

WHEREAS,  The  said  John  B.  McDonald  has  assigned, 
or  is  about  to  assign,  unto  Interborough  Rapid  Transit 
Company,  by  an  instrument  bearing  even  date  here- 
with, consented  to  or  to  be  consented  to  in  writing  by  the 


344       •         Assignment  to  Interborough  Co. 
sureties  upon  all  bonds  and  undertakings  given  by  the 
said  John  B.  McDonald  pursuant  to  said  contract,  so 
much  of  the  said  contract  as  provides  for  the  maintenance 

and  operation  of  the  railway  therein  described,  including 

i 

the  obligation  to  provide  all  equipment  for  the  same, 
subject  to  all  the  terms  and  conditions  in  said  contract 
contained  with  respect  to  such  maintenance  and  operation, 
and  with  respect  to  the  equipment  of  the  said  railroad, 
to  which  assignment  reference  is  hereby  had,  and  the 
said  parties  have  requested  the  said  Board  of  Rapid  Tran- 
sit Railroad  Commissioners  to  consent  to  the  said  assign- 
ment as  provided  by  law  ;  and 

WHEREAS,  The  said  Board  of  Rapid  Transit  Railroad 
Commissioners  is  willing  to  consent  to  such  assignment, 
but  only  upon  the  execution  and  delivery  to  said  Board 
for  said  City  of  this  instrument. 


,  in  consideration  of  the  premises  and 
of  the  covenants  hereinafter  contained,  The  City  of  New 
York,  by  its  said  Board  of  Rapid  Transit  Railroad  Com- 
missioners, hereby  consents  to  the  said  assignment  to  In- 


Assignment  to  Interborough  Co. 
terborough  Rapid  Transit  Company,  and  to  the  execution 
of  the  said  instrument  bearing  even  date  herewith. 


the  said  Interborough  Rapid  Transit  Company 
hereby  covenants  to  and  with  The  City  of  New  York 
that  it  is,  and  shall  hereafter  in  all  respects  be,  bound 
to-  The  City  of  New  York,  with  respect  to  the  equipment 
of  the  said  railroad  mentioned  in  the  said  instrument 
and  every  portion  thereof  and  all  obligations  whatsoever 
of  the  contractor  under  or  by  reason  of  the  leasing  pro- 
visions of  said  rapid  transit  contract  and  all  obligations 
thereof  or  thereunder  which  relate  in  any  way  to  the 
maintenance  cr  operation  of  the  railroad  in  the  said 
rapid  transit  contract  described,  and  does  hereby  agree 
to  carry  out  and  perform  each  and  every  of  the  said  ob- 
ligations as  fully  as  the  contractor  has  been  or  is  bound 
to  do  in  and  by  the  said  rapid  transit  contract.  And 
the  said  Interborough  Rapid  Transit  Company  further 
covenants  to  and  with  the  City  that  the  said  John  B. 
McDonald,  his  executors,  administrators  and  assigns, 
shall  fully  perform  all  the  obligations  and  comply  with 


346  Assignment  to  Interborough  Co. 

all  the  provisions  and  terms  of  said  contract  which  are 

not  assigned  to  and  assumed  by  said  Interborough  Rapid 

Transit  Company  in  and  by  the  said  instrument  bearing 

i 
even  date  herewith. 

This  agreement  shall  bind  the  parties  hereto,  their 
respective  heirs,  executors,  administrators,  successors 
and  assigns. 


,  fUttber,  and  it  is  expressly  agreed,  that 
this  agreement  shall  take  effect  when,  and  only  when, 
the  following  consents  hereto  and  approvals  hereof  shall 
be  duly  had  —  to  wit,  the  consents  as  subjoined  of  Rapid 
Transit  Subway  Construction  Company,  The  United 
States  Fidelity  and  Guaranty  Company,  the  City  Trust, 
Safe  Deposit  and  Surety  Company,  of  Philadelphia; 
American  Surety  Company,  of  New  York;  National 
Surety  Company  and  Perry  Belmont. 

II  n  Wttne0S  WbereOf,  the  party  of  the  first  part  has 
caused  these  presents  to  be  duly  executed  by  its  said 
Board  of  Rapid  Transit  Railroad  Commissioners  under 
the  seal  of  the  said  Board,  the  party  of  the  second  part  has 


Assignment  to  Interborough  Co.  347 

hereunto  set  his  hand  and  seal,  and  the  party  of  the  third 
part  has  caused  these  presents  to  be  duly  executed  by  its 
proper  officers  under  its  corporate  seal,  the  day  and  year 
first  above  written. 

THE  CITY  OF  NEW  YORK 

By  THE  BOARD  OF  RAPID  TRANSIT  RAILROAD 
COMMISSIONERS  OF  THE  CITY  OF 
NEW  YORK, 

By  A.  E.  ORR,  PRESIDENT. 
ATTEST  : 

[SEAL.]         BION   L.   BURROWS,   SECRETARY. 

INTERBOROUGH  RAPID  TRANSIT  COMPANY, 

By  AUGUST  BELMONT,  PRESIDENT. 

ATTEST  : 

[SEAL.]         FREDERICK  EVANS,  SECRETARY. 

JOHN  B.  MCDONALD. 

STATE  OF  NEW  YORK.    1 

>  ss  ' 
COUNTY  OF  NEW  YORK,  j 

On  this  1 7th  day  of  July,  1902,  before  me  personally 
appeared  John  B.  McDonald,  to  me  known,  and  known 
to  me  to  be  the  individual  described  in  and  who  executed 
the  foregoing  instrument,  and  who  to  me  acknowledged 
that  he  executed  the  same. 

GEORGE  A.  STEVES. 
NOTARY  PUBLIC  (114), 

Kings  County. 
Certificate  filed  in  New  York  County. 


348  Assignment  to  Interborough  Co. 

STATE  OF  NEW  YORK, 


ss 
COUNTY  OF  NEW  YORK, 

On  this  nth  day  of  July,  in  the  year  1902,  before  me 
personally  came  August  Belrnont,  to  me  known,  who 
being  duly  sworn,  did  depose  and  say,  that  he  resided 
in  Hempstead,  Nassau  County,  New  York ;  that  he  is  the 
President  of  the  Interborough  Rapid  Transit  Company, 
the  corporation  described  in  and  which  executed  the 
above  instrument;  that  he  knew  the  seal  of  the  said  cor- 
poration ;  that  the  seal  affixed  to  said  instrument  was 
such  corporate  seal ;  that  it  was  so  affixed  by  order  of  the 
Board  of  Directors  of  said  corporation,  and  that  he 
signed  his  name  thereto  by  like  order. 

CHAS.  W.  SANDFORD, 
NOTARY  PUBLIC  (20), 

Kings  County. 
Certificate  filed  in  New  York  County. 


STATE  OF  NEW  YORK, 
COUNTY  OF  NEW  YORK, 

On  this  4th  day  of  September,  1902,  at  The  City  of 
New  York,  in  said  County,  before  me  personally  ap- 
peared Alexander  E.  Orr  and  Bion  L.  Burrows,  to  me 
known,  and  known  to  me  to  be  the  said  Alexander  E. 
Orr,  the  President,  and  the  said  Bion  L.  Burrows,  the 
Secretary  of  the  Board  of  Rapid  Transit  Railroad  Com- 
missioners for  The  City  of  New  York;  and  the  said 
Alexander  E.  Orr  and  Bion  L.  Burrows,  being  by  me 
duly  sworn,  did  depose  and  say,  each  for  himself,  and  not 
one  for  the  other,  the  said  Alexander  E.  Orr,  that  he 
resided  in  the  Borough  of  Brooklyn,  in  the  said  City, 
that  he  was  the  President  of  the  said  Board,  and  that  he 
subscribed  his  name  to  the  foregoing  consent  by  virtue 
of  the  authority  thereof;  and  the  said  Bion  L.  Burrows, 
that  he  resided  in  the  Borough  of  Manhattan,  in  the  said 
City  of  New  York,  that  he  was  the  Secretary  of  the  said 


Assignment  to  Interborough  Co.  349 

Board,  and  that  he  subscribed  his  name  thereto  by  like 
authority;  and  both  the  said  Alexander  E.  Orr  and  Bion 
L.  Burrows,  that  they  knew  the  seal  of  the  said  Board, 
that  one  of  the  seals  affixed  to  the  above  instrument  was 
such  seal,  and  that  the  same  was  affixed  to  the  foregoing 
instrument  by  the  order  of  the  said  Board  and  of  a 
resolution  duly  adopted  by  the  same,  and  that  they 
signed  their  names  thereto  by  like  order. 

SEYMOUR  K.  FULLER, 
NOTARY  PUBLIC  (14), 

Kings  County. 
Certificate  filed  in  New  York  County. 


being  the  sureties  of  John  B.  Mc- 
Donald, the  Contractor  above  mentioned,  upon  the  con- 
tinuing bond  in  the  penalty  of  one  million  dollars 
($1,000,000)  and  the  bond  for  construction  and  equip- 
ment in  the  penalty  of  five  million  dollars  ($5,000,000), 
hereby  consent  to  the  making  of  the  foregoing  instru- 
ment. 

Dated,  New  York,  July  18,  1902. 

RAPID    TRANSIT     SUBWAY    CONSTRUCTION 

COMPANY, 
[SEAL.]  By  AUGUST  BELMONT,  PRESIDENT. 

THE  UNITED  STATES    FIDELITY  AND   GUAR- 
ANTY COMPANY, 
[SEAL.]  By  SYLVESTER  J.  O'SULLIVAN, 

MANAGER. 
ATTEST  : 

LEONIDAS  DENNIS, 

ATTORNEY  IN  FACT. 
JOHN  R.  BLAND, 

PRESIDENT. 

GEORGE  R.  CALLIS, 

SECRETARY. 


35°  Assignment  to  Interborough  Co. 

CITY  TRUST,    SAFE    DEPOSIT    AND    SURETY 

COMPANY, 
[SEAL.]  By  ADRIAN  T.  KIERNAN, 

VICE-PRESIDENT. 

AMERICAN  SURETY  COMPANY, 
[SEAL.]  By  H.  D.  LYMAN, 

PRESIDENT. 

NATIONAL   SURETY   COMPANY, 

By  CHAS.  A.  DEAN, 

PRESIDENT. 
PERRY  BEL,MONT. 


STATE  OF  NEW  YORK. 

\  ss  * 
COUNTY  OF  NEW  YORK, 

On  the  2 ist  day  of  July,  1902,  before  me  personally 
appeared  Perry  Belmont,  to  me  known,  and  known  to 
me  to  be  the  individual  described  in  and  who  executed 
the  foregoing  consent,  and  who  to  me  acknowledged 
that  he  executed  the  same. 

A.  W.  ANDREWS, 
NOTARY  PUBLIC   (36), 
New  York  County. 


Assignment  to  Interborough  Co.  351 

STATE  OF  NEW  YORK, 


:'  \ 

IK,   { 


ss 
COUNTY  OF  NEW  YORK,  ' 

On  the  2  ist  day  of  July,  1902,  before  me  personally 
appeared  Sylvester  J.  O'Sullivan,  to  me  known,  who  be- 
ing by  me  first  duly  sworn,  did  depose  and  say,  that  he 
resided  in  the  Borough  of  Manhattan,  City  of  New 
York,  and  was  the  Manager  of  The  United  States  Fi- 
delity and  Guaranty  Company,  one  of  the  corporations 
described  in  and  which  executed  the  foregoing  consent ; 
that  he  knew  the  corporate  seal  of  said  company;  that 
one  of  the  seals  affixed  to  said  consent  was  such  corpo- 
rate seal;  that  it  was  affixed  thereto  by  order  of  the 
Board  of  Directors  of  such  company,  and  that  he  signed 
his  name  thereto  by  like  order.  And  also,  on  the  2ist 
day  of  July,  1902,  before  me  personally  appeared  Adrian 
T.  Kiernan,  to  me  known,  who  being  by  me  first  duly 
sworn,  did  depose  and  say,  that  he  resided  in  the  Bor- 
ough of  Manhattan,  City  of  New  York,  and  was  the 
Vice-President  of  the  City  Trust,  Safe  Deposit  and 
Surety  Company,  of  Philadelphia,  one  of  the  corporations 
described  in  and  which  executed  the  foregoing  consent; 
that  he  knew  the  corporate  seal  of  said  company ;  that  one 
of  the  seals  affixed  to  said  consent  was  such  corporate 
seal ;  that  it  was  affixed  thereto  by  order  of  the  Board  of 
Directors  of  such  company,  and  that  he  signed  his  name 
thereto  by  like  order.  And  also,  on  the  i8th  day  of  July, 
1902,  before  me  personally  appeared  Henry  D.  Lyman, 
to  me  known,  who  being  by  me  first  duly  sworn,  did  de- 
pose and  say,  that  he  resided  in  the  Borough  of  Man- 
hattan, City  of  New  York,  and  was  the  President  of 
American  Surety  Company,  of  New  York,  one  of  the 
corporations  described  in  and  which  executed  the  fore- 
ging  consent;  that  he  knew  the  corporate  seal  of  said 
company;  that  one  of  the  seals  affixed  to  said  consent 
was  such  corporate  seal;  that  it  was  affixed  thereto  by 
order  of  the  Board  of  Directors  of  such  company,  and 
that  he  signed  his  name  thereto  by  like  order.  And  also, 
on  the  2 ist  day  of  July,  1902,  before  me  personally  ap- 
peared Charles  A.  Dean,  to  me  known,  who  being  by 
me  first  duly  sworn,  did  depose  and  say,  that  he  resided 
in  the  Borough  of  Manhattan,  City  of  New  York,  and 


352  Assignment  to  Inter  borough  Co. 

was  the  President  of  National  Surety  Company,  of  New 
York,  one  of  the  corporations  described  in  and  which 
executed  the  foregoing  consent;  that  he  knew  the  cor- 
porate seal  of  said  company ;  that  one  of  the  seals  affixed 
to  said  consent  was  such  corporate  seal;  that  it  was  af- 
fixed thereto  by  order  of  the  Board  of  Directors  of 
such  company,  and  that  he  signed  his  name  thereto  by 
like  order.  And  also,  on  the  i8th  day  of  July,  1902, 
before  me  personally  appeared  August  Belmont,  to  me 
known,  who  being  by  me  first  duly  sworn,  did  depose 
and  say,  that  he  resided  in  Hempstead,  Nassau  County, 
New  York,  and  was  the  President  of  Rapid  Transit  Sub- 
way Construction  Company,  one  of  the  corporations 
described  in  and  which  executed  the  foregoing  consent; 
that  he  knew  the  corporate  seal  of  said  company;  that 
one  of  the  seals  affixed  to  said  consent  was  such  cor- 
porate seal;  that  it  was  affixed  thereto  by  order  of  the 
Board  of  Directors  of  such  company,  and  that  he  signed 
his  name  thereto  by  like  order. 

A.  W.  ANDREWS, 
NOTARY  PUBLIC   (36), 
New  York  County. 


STATE  OF  NEW  YORK. 

y    gc 

COUNTY  OF  NEW  YORK. 


:'  \ 

IK,    | 


On  this  30th  day  of  July,  in  the  year  1902,  before  me 
personally  came  John  R.  Bland,  to  me  known,  who  being 
by  me  duly  sworn,  did  depose  and  say,  that  he  resided 
in  the  city  of  Baltimore,  in  the  State  of  Maryland ;  that 
he  is  the  President  of  the  United  States  Fidelity  and 
Guaranty  Company,  one  of  the  corporations  described 


Assignment  to  Interborough  Co.  353 

in  and  which  executed  the  above  instrument;  that  he 
knew  the  seal  of  said  corporation;  that  one  of  the  seals 
affixed  to  said  instrument  was  such  corporate  seal,  and 
that  it  was  so  affixed  by  order  of  the  Board  of  Directors 
of  said  corporation,  and  that  he  signed  his  name  thereto 
by  like  order. 

A.  W.  ANDREWS, 
Notary  Public  (36), 
New  York  County. 


[Copy  Resolution  Board  of  Directors,  The  United 
States  Fidelity  and  Guaranty  Company,  authorizing 
Sylvester  J.  O'Sullivan  to  sign  for  company,  also 
attached]. 


The  City  of  New  York 

By  its  Rapid  Transit  Board, 


WITH 


AQREEflENT 

• 

Modifying    Contract    for    Construction    and 
Operation  of  Rapid  Transit  Railroad. 


Dated,  July  zist,  1902. 
Executed,  1909. 


Bergen  Ave.  Change  of  Route.  357 

made  this  twenty-first  day  of  July,  in 
the  year  Nineteen  hundred  and  two,  between  THE  CITY 
OF  NEW  YORK  (hereinafter  called  the  City),  acting  by 
the  Board  of  Rapid  Transit  Railroad  Commissioners  for 
the  City  of  New  York  (hereinafter  called  the  Board), 
party  of  the  first  part,  and  JOHN  B.  MCDONALD,  of  The 
City  of  New  York  (hereinafter  called  the  Contractor), 
party  of  the  second  part : 

WHEREAS,  Heretofore  and  on  or  about  the  21  st  day  of 
February,  1900,  the  City,  acting  by  the  Board,  entered 
into  a  contract  with  the  Contractor  for  the  construction 
and  operation  of  a  Rapid  Transit  Railroad  in  the  City  of 
New  York  and  otherwise,  as  therein  mentioned,  the  said 
contract  being  hereinafter  styled  the  Contract  for  Con- 
struction and  Operation;  and 

WHEREAS,  The  said  Contract  and  the  Routes  and  Gen- 
eral Plan  hereinafter  mentioned  have  been  since  modified 
by  agreement  duly  made  between  the  City  and  the  Con- 
tractor, with  the  consent  of  the  sureties  hereinafter  men- 
tioned; and 


358  Bergen  Ave.  Change  of  Route. 

WHEREAS,  The  Contractor  has  deposited  with  the 
Comptroller  of  the  City  certain  security  for  the  perform- 
ance of  the  said  Contract  for  Construction  and  Operation 
on  his  part  and  has  given  certain  bonds  as  further  secur- 
ity for  such  performance  and  upon  such  bonds  there  are 
sureties  as  follows :  Rapid  Transit  Subway  Construction 
Company,  The  United  States  Fidelity  &  Guaranty  Com- 
pany, The  City  Trust,  Safe  Deposit  &  Surety  Company 
of  Philadelphia,  American  Surety  Company  of  New  York, 
National  Surety  Company  and  Perry  Belmont ;  and 

WHEREAS,  By  written  instruments  bearing  date  the 
tenth  day  of  July,  1902,  the  Contractor,  with  the  written 
consent  of  the  Board,  concurred  in  by  six  members  there- 
of, duly  assigned  the  right  or  obligation  to  maintain  and 
operate  the  said  Rapid  Transit  Railroad  for  the  term  of 
years  specified  in  the  said  contract  and  all  rights  included 
in  the  leasing  provisions  of  the  said  contract,  together 
with  the  obligation  to  provide  equipment  for  the  said  rail- 
road, unto  Interborough  Rapid  Transit  Company,  which 
Company  also  guaranteed  the  performance  by  the  Con- 


Bergen  Ave.  Change  of  Route.  359 

tractor  of  the  provisions  of  his  said  contract  not  so  as- 
signed to  it;  and 

WHEREAS,  The  Conti  actor  desires,  and  the  Board  ap- 
proves, a  further  modification  of  the  Routes  and  General 
Plan  for  the  Rapid  Transit  Railroad  referred  to  in  the 
said  Contract  for  Construction  and  Operation  as  set  forth 
in  certain  resolutions  adopted  by  the  Board  on  25tb  June. 
1902,  a  copy  of  which  is  hereto  annexed: 


1ROWt  tberCfOrC,  in  consideration  of  the  prem- 
ises and  subject  to  the  consents  hereinafter  provided,  It 
10  a$ree£>  that  the  said  Contract  for  Construction  and 
Operation  and  the  Routes  and  General  Plan  therein  men- 
tioned be,  and  the  same  hereby  are,  further  modified  as 
follows  : 

By  striking  from  the  said  Routes  the  portion  thereof 
in  words  as  follows,  to  wit:  "thence  with  a  curve  to  the 
left  and  under  Third  avenue  to  a  point  near  its  intersec- 
tion with  Westchester  avenue,  thence  with  a  curve  to  the 
right  to  and  under  Westchester  avenue." 

And  by  inserting  in  the  said  Routes,  instead  of  the  por- 
tion thus  struck  out,  the  following  words,  to  wit  :  "thence 


360  Bergen  Ave.  Change  of  Route. 

crossing  Third  avenue  and  under  East  One  Hundred  and 
Forty-ninth  street  and  Bergen  avenue  upon  a  curve  to  a 
point  in  the  triangular  block  bounded  by  Bergen  avenue, 
Gerard  street  and  East  One  Hundred  and  Forty-ninth 
street ;  at  that  point  beginning  to  emerge  from  the  ground, 
and  thence  upon  a  viaduct  across  Gerard  street  and  on  or 
over  private  property  in  the  block  bounded  by  Westches- 
ter avenue,  Brook  avenue,  East  One  Hundred  and  Forty- 
ninth  street,  Gerard  street  and  Bergen  avenue  (crossing, 
if  necessary,  a  part  of  Brook  avenue)  to  Westchester  ave- 
nue." 

The  general  plan  of  construction  of  the  portion  of  the 
route  hereby  substituted  shall  be  as  follows : 

The  tracks  shall  be  placed  in  tunnel  from  the  westerly 
end  of  such  portion  to  a  point  on  private  property  or  on 
Gerard  street,  between  Bergen  avenue  and  East  One  Hun- 
dred and  Forty-ninth  street,  and  easterly  over  the  rest  of 
the  portion  of  the  route  hereby  substituted  shall  be  carried 
Upon  a  viaduct.  The  railroad  may  on  the  portion  of  the 
route  between  Third  avenue  and  Westchester  avenue  oc- 
cupy any  portion  of  any  of  the  streets  of  the  route,  but 


Bergen  Ave.  Change  of  Route.  361 

the  railroad  shall  not  at  any  place  exceed  thirty  (30)  feet 
in  width.  There  shall  be  at  least  two  parallel  tracks,  with 
the  right  at  any  time  to  add  a  third  track  in  the  discretion 
of  the  Board  of  Rapid  Transit  Railroad  Commissioners. 

And  it  is  further  agreed  that  in  all  other  respects  the 
provisions  of  the  General  Plan  of  Construction  set  forth 
in  the  said  Contract  for  Construction  and  Operation  shall 
be  applicable  to  the  portion  of  the  route  hereby  substitut- 
ed ;  and  it  is  further  agreed  that  the  Contractor  shall  be- 
come entitled  to  additional  payment  for  such  additional 
work  and  materials  as  shall  be  made  necessary  by  the 
changes  hereby  provided  and  the  City  shall  become  en- 
titled to  abatement  from  the  contract  price  by  reason  of 
the  diminution  in  work  and  materials  by  reason  of  such 
changes,  the  amounts  of  such  additional  payments  and 
such  diminutions  to  be  determined  as  provided  in  Chapter 
II  of  the  said  Contract  for  Construction  and  Operation. 

PROVIDED,  however,  and  it  is  expressly  agreed  that  this 
agreement  shall  take  effect  when  and  only  when  the  fol- 
lowing consents  hereto  and  approvals  hereof  shall  be  duly 
had,  to  wit: 


362  Bergen  Ave.  Change  of  Route. 

1.  The  consents  as  subjoined  of  Rapid  Transit  Subway 
Construction  Company,  The  United    States    Fidelity  & 
Guaranty  Company,  The  City  Trust,  Safe  Deposit  &  Sure- 
ty Company  of  Philadelphia,  The  American  Surety  Com- 
pany of  New  York,  National  Surety  Company,   Perry 
Belmont  and  Interborough  Rapid  Transit  Company. 

2.  The  consent  of  the  Board  of  Aldermen  of  the  City  of 
New  York. 

3.  The  consent  of  the  Mayor  of  the  City  of  New  York. 

4.  The  consent  of  the  owners  of  a  majority  in  value  of 
the  property  along  streets  or  such  portions  of  streets  as 
are  included  in  the  portion  of  routes  by  this  agreement 
proposed  to  be  substituted  as  aforesaid,  or  if  such  consent 
cannot  be  obtained,  then,  in  lieu  thereof,  the  determination 
of  three  commissioners  to  be  appointed  by  the  Appellate 
Division  of  the  Supreme  Court  duly  confirmed  by  the  said 
Appellate  Division. 

The  plan  hereto  annexed  is  intended  to  show  the  modifi- 
cation of  the  routes  as  hereby  proposed. 


Bergen  Ave.  Change  of  Route.  363 

flit  Witne08  WberCOf,  this  contract  has  been 
executed  for  the  City  of  New  York,  by  its  Board  of  Rapid 
Transit  Railroad  Commissioners,  under  and  by  a  resolu- 
tion duly  adopted  by  said  Board,  concurred  in  by  more 
than  six  of  its  members,  and  the  seal  of  the  Board  has 
been  hereto  affixed  and  these  presents  signed  by  the 
President  and  Secretary  of  the  said  Board,  and  the  Con- 
tractor has  hereto  set  his  hand  and  seal,  the  day  and  year 
first  above  written. 

THE  BOARD  OF  RAPID  TRANSIT 
RAILROAD  COMMISSIONERS, 

By  A.  E.  ORR, 

PRESIDENT. 

BION  L.  BURROWS, 

SECRETARY. 
[SEAL.] 

JOHN  B.  MCDONALD,  [SEAL.] 


STATE  OF  NEW  YORK, 
COUNTY  OF  NEW  YORK. 


364  Bergen  Ave.  Change  of  Route. 

'    \  ss.: 
:'  I 

On  this  7th  day  October,  1902,  at  the  City  of  New  York, 
in  said  County,  before  me  personally  appeared  Alexander 
E.  Orr  and  Bion  L.  Burrows,  to  me  known  and  known 
to  me  to  be,  the  said  Alexander  E.  Orr,  the  president,  and 
the  said  Bion  L.  Burrows,  the  secretary  of  the  Board  of 
Rapid  Transit  Railroad  Commissioners  for  the  City  of 
New  York;  and  the  said  Alexander  E.  Orr  and  Bion  L. 
Burrows,  being  by  me  duly  sworn,  did  depose  and  say, 
each  for  himself  and  not  one  for  the  other,  the  said  Alex- 
ander E.  Orr,  that  he  resided  in  the  Borough  of  Brooklyn, 
in  the  said  City,  that  he  was  the  president  of  the  said 
Board,  and  that  he  subscribed  his  name  to  the  foregoing 
contract  by  virtue  of  the  authority  thereof;  and  the  said 
Bion  L.  Burrows,  that  he  resided  in  the  Borough  of  Man- 
hattan, in  the  said  City,  that  he  was  the  secretary  of  the 
said  Board,  and  that  he  subscribed  his  name  thereto  bv 
like  authority;  and  both  the  said  Alexander  E.  Orr  and 
Bion  L.  Burrows  that  they  knew  the  seal  of  the  said 
Board  and  that  the  same  was  affixed  to  the  foregoing  in- 


Bergen  Ave.  Change  of  Route.  365 

strument  by  the  authority  of  the  said  Board  and  of  a  reso- 
lution duly  adopted  by  the  same. 

SEYMOUR  K.  FULLER, 

[SEAL.]  NOTARY  PUBLIC,  Kings  Co. 

Cert,  filed  in  New  York  Co. 


STATE;  OF  NEW  YORK,     | 
COUNTY  OF  NEW  YORK,  J  SS' : 

On  this  6th  day  of  October,  1902,  before  me  personally 
appeared  John  B.  McDonald,  to  me  known  and  known 
to  me  to  be  the  person  and  Contractor  named  in  and  who 
executed  the  foregoing  contract,  and  acknowledged  to  me 
that  he  executed  the  same. 

A.  W.  ANDREWS  (36), 

NOTARY  PUBLIC, 
[SEAL.]  N  Y.  Co. 


366  Bergen  Ave.  Change  of  Route. 

£bC  Unfcer0t$nefc,  being  the  surties  of  John  B. 
McDonald,  the  Contractor  above  mentioned,  upon  the  con- 
tinuing bond  in  the  penalty  of  One  million  dollars 
($1,000,000)  and  the  bond  for  construction  and  equipment 
in  the  penalty  of  Five  million  dollars  ($5,000,000)  hereby 
consent  to  the  making  of  the  foregoing  instrument. 

Dated  New  York,  October  6th,  1902. 

RAPID  TRANSIT  SUBWAY 
CONSTRUCTION  CO., 

By  AUGUST  BELMONT, 

PRESIDENT. 

ATTEST  : 

FREDERICK  EVANS, 

SECRETARY. 
[SEAL.] 
PERRY  BELMONT, 

[SEAL.] 

THE  UNITED  STATES  FIDELITY  AND 
GUARANTY  COMPANY, 

By  ANDREW  FREEDMAN, 
VICE-PRESIDENT. 
[SEAL.] 

ATTEST  : 

G.  TERRY  SINCLAIR, 

ATTORNEY  IN  FACT. 
[SEAL.] 


Bergen  Ave.  Change  of  Route.  367 

AMERICAN  SURETY  COMPANY  OF 
NEW  YORK, 

DAVID  B.  SICKLES, 

VICE-PRESIDENT. 
HENRY  TOFTS, 

ASSISTANT  SECRETARY. 
[SEAL.] 

THE  CITY  TRUST,  SAFE  DEPOSIT  AND  SURE- 
TY COMPANY  OF  PHILADELPHIA, 

1 60  Broadway,  N.  Y. 
A.  T.  KIERNAN, 

VICE-PRESIDENT. 
P.  H.  MOONEY, 

ASST.  SECRETARY. 
[SEAL.] 

NATIONAL  SURETY  COMPANY, 

By  CHAS.  A.  DEAN, 

PRESIDENT. 

ATTEST  : 

BALLARD  McCALL, 

SECRETARY. 
[SEAL.] 


368  Bergen  Ave.  Change  of  Route. 

STATE  OF  NEW  YORK, 


ss  ' 
COUNTY  OF  NEW  YORK,  ' 

On  the  6th  day  of  October,  1902,  before  me  personally 
appeared  Perry  Belmont,  to  me  known  and  known  to  me 
to  be  the  individual  described  in  and  who  executed  the 
foregoing  consent,  and  he  acknowledged  to  me  that  he 
executed  the  same. 

A.  W.  ANDREWS  (36), 

NOTARY  PUBLIC, 
[SEAL.]  N.  Y.  Co. 

STATE  OF  NEW  YORK, 
COUNTY  OF  NEW  YORK, 

On  this  6th  day  of  October,  1902,  before  me  personally 
appeared  Andrew  Freedman,  to  me  known,  who  being  by 
me  first  duly  sworn,  did  depose  and  say  that  he  was  the 
Vice-President  of  the  United  States  Fidelity  &  Guaranty 
Company,  the  corporation  described  in  and  which  exe- 
cuted the  foregoing  consent;  that  he  knew  the  corporate 
seal  of  said  company ;  that  one  of  the  seals  affixed  to  said 
consent  was  such  corporate  seal ;  that  it  was  affixed  there- 
to by  order  of  the  Board  of  Directors  of  such  company, 
and  that  he  signed  his  name  thereto  by  like  authority. 
And  also  on  the  6th  day  of  October,  1902,  before  me  per- 


Bergen  Ave.  Change  of  Route.  369 

sonally  appeared  Adrian  T.  Kiernan,  to  me  known,  who 

being  by  me  first  duly  sworn,  did  depose  and  say  that  he 
was  the  Vice-President  of  The  City  Trust,  Safe  Deposit 
and  Surety  Company  of  Philadelphia,  the  corporation  de- 
scribed in  and  which  executed  the  foregoing  consent ;  that 
he  knew  the  corporate  seal  of  said  company ;  that  one  of 
the  seals  affixed  to  said  consent  was  such  corporate  seal ; 
that  it  was  affixed  thereto  by  order  of  the  Board  of  Direc- 
tors of  such  company,  and  that  he  signed  his  name  there- 
to by  like  authority.  And  also,  on  the  6th  day  of  Octo- 
ber, 1902,  before  me  personally  appeared  David  B.  Sickles, 
to  me  known,  who  being  by  me  first  duly  sworn,  did  de- 
pose and  say  that  he  was  the  Vice-President  of  American 
Surety  Company  of  New  York,  the  corporation  described 
in  and  which  executed  the  foregoing  consent;  that  ha 
knew  the  corporate  seal  of  said  company ;  that  one  of  the 
seals  affixed  to  said  consent  was  such  corporate  seal ;  that 
it  was  affixed  thereto  by  order  of  the  Board  of  Directors 
of  such  company,  and  that  he  signed  his  name  thereto  by 
like  authority.  And  also,  on  the  6th  day  of  October  ? 
1902,  before  me  personally  appeared  Charles  A.  Dean,  10 


37°  -  Bergen  Ave.  Change  of  Route. 
me  known,  who  being  by  me  first  duly  sworn,  did  depose 
and  say  that  he  was  the  President  of  National  Surety 
Company  of  New  York,  the  corporation  described  in  and 
which  executed  the  foregoing  consent ;  that  he  knew  the 
corporate  seal  of  said  company;  that  the  seal  affixed  to 
said  consent  was  such  corporate  seal ;  that  it  was  affixed 
thereto  by  order  of  the  Board  of  Directors  of  such  com- 
pany, and  that  he  signed  his  name  thereto  by  like  author- 
ity. And  also  on  the  6th  day  of  October,  1902,  before  me 
personally  appeared  August  Belmont,  to  me  known,  who 
being  by  me  first  duly  sworn,  did  depose  and  say  that  he 
was  the  President  of  Rapid  Transit  Subway  Construction 
Company,  the  corporation  described  in  and  which  exe- 
cuted the  foregoing  consent;  that  he  knew  the  corporate 
seal  of  said  company ;  that  the  seal  affixed  to  said  consent 
was  such  corporate  seal ;  that  it  was  affixed  thereto  by  or- 
der of  the  Board  of  Directors  of  such  company,  and  that 
he  signed  his  name  thereto  by  like  authority. 

A.  W.  ANDREWS  (36), 

NOTARY  PUBLIC, 
[SEAL.]  N.  Y.  Co. 


Bergen  Are.  Change  of  Route.  371 

nfcerSiCjnefc,  being  the  assignee  of  John  B. 
McDonald,  the  Contractor  above  mentioned,  of  the  right 
or  obligation  to  maintain  and  operate  the  said  rapid  tran- 
sit railroad  for  the  term  of  years  specified  in  said  Con- 
tract for  Construction  and  Operation,  and  all  rights  in- 
cluded in  the  leasing  provisions  of  the  said  Contract,  to- 
gether with  the  obligation  to  provide  equipment  for  the 
said  Railroad,  hereby  CONSENTS  to  the  making  of  the 
foregoing  instrument. 
Dated,  New  York,  October  6th,  1902. 

INTERBOROUGH  RAPID  TRANSIT  CO., 
By  AUGUST  BELMONT, 

PRESIDENT. 
[SEAL.] 

ATTEST  : 

FREDERICK  EVANS, 

SECRETARY. 


372  Bergen  Ave.  Change  of  Route. 

STATE  OF  NEW  YORK,    ) 
COUNTY  OF  NEW  YORK,  j 

On  this  6th  day  of  October,  1902,  before  me  personally 
appeared  August  Belmont,  to  me  known,  who  being  by 
me  first  duly  sworn,  did  depose  and  say  that  he  resided 
in  the  County  of  Nassau,  in  the  State  of  New  York ;  that 
he  is  President  of  Interborough  Rapid  Transit  Company, 
the  corporation  described  in  and  which  executed  the  fore- 
going consent ;  that  he  knew  the  corporate  seal  of  said 
Company ;  that  the  seal  affixed  to  said  consent  was  such 
corporate  seal ;  that  it  was  affixed  thereto  by  order  of  the 
Board  of  Directors  of  said  Company,  and  that  he  signed 
his  name  thereto  by  like  authority. 

A.W.ANDREWS  (36), 

NOTARY  PUBLIC, 
[SEAL.]  N.  Y.  Co. 

• 

Approval  by  Corporation  Counsel. 

THE  FOREGOING  CONTRACT  is  HEREBY  APPROVED  AS  TO 
FORM. 

Dated,  New  York,  October  3rd,  1902. 

G.  L.  RIVES, 
CORPORATION  COUNSEL. 


Bergen  Ave.  Change  of  Route.  373 

Resolution  of  June  25th,  19O2. 

WHEREAS,  This  Board  did,  on  the  I4th  day  of  January, 
1897,  and  4th  day  of  February,  1897,  adopt  certain  Routes 
and  General  Plan  for  a  rapid  transit  railroad  in  the  City 
of  New  York,  a  copy  of  which  is  hereto  annexed  entitled 
"Copy  Routes  and  General  Plan ;"  and 

WHEREAS,  The  said  Routes  and  General  Plan  were 
afterwards  duly  approved  by  the  municipal  authorities  of 
the  City  of  New  York,  and  were  duly  consented  to  by 
commissioners  appointed  by  the  Appellate  Division  of  the 
Supreme  Court,  which  consent  was  duly  confirmed  by  the 
said  Appellate  Division,  in  lieu  of  the  consent  of  the  own- 
ers of  a  majority  in  value  of  the  property  along  the  said 
routes ;  and 

WHEREAS,  Thereafter,  and  on  or  about  the  2ist  day 
of  February,  1900,  the  City  of  New  York  did  by  this 
Board  enter  into  a  certain  contract  with  John  B.  McDon- 
ald for  the  construction  and  operation  of  the  said  rapid 
transit  railroad ;  and 

WHEREAS,  It  is  the  interest  of  the  City  of  New  York 
and,  in  the  opinion  of  the  said  John  B.  McDonald,  it  is 
likewise  in  his  interest  as  such  contractor,  and  he  desires 
that  said  Routes  and  Plan  shall  be  changed  in  the  respect 
hereinafter  mentioned,  but  without  other  change  in  the 
said  Routes  and  General  Plan. 

Now,  therefore,  it  is 

RESOLVED,  That,  subject  to  the  consents  and  approvals 
to  be  first  obtained  as  in  this  resolution  hereinafter  men- 
tioned, the  said  Routes  and  General  Plan  heretofore 
adopted  by  this  Board  be,  and  they  hereby  are,  modified 
as  follows : 

By  striking  from  the  said  Routes  the  portion  thereof  in 
words  as  follows,  to  wit :  "thence  with  a  curve  to  the  left 
and  under  Third  avenue  to  a  point  near  its  intersection 
with  Westchester  avenue,  thence  with  a  curve  to  the  right 
to  and  under  Westchester  avenue." 

And  by  inserting  in  the  said  Routes,  instead  of  the 
portion  thus  struck  out,  the  following  words,  to  wit: 
"thence  crossing  Third  avenue  and  under  East  One  Hun- 


374  Bergen  Ave.  Change  of  Route. 

dred  and  Forty-ninth  street  and  Bergen  avenue  upon  a 
curve  to  a  point  in  the  triangular  block  bounded  by  Ber- 
gen avenue,  Gerard  street  and  East  One  Hundred  and 
Forty-ninth  street;  at  that  point  beginning  to  emerge 
from  the  ground,  and  thence  upon  viaduct  across  Gerard 
street  and  on  or  over  private  property  in  the  block  bound- 
ed by  Westchester  avenue,  Brook  avenue,  East  One  Hun- 
dred and  Forty-ninth  street,  Gerard  street  and  Bergen 
avenue  (crossing,  if  necessary,  a  part  of  Brook  avenue) 
to  Westchester  avenue." 

The  general  plan  of  construction  of  the  portion  of  the 
route  hereby  substituted  shall  be  as  follows : 

The  tracks  shall  be  placed  in  tunnel  from  the  westerly 
end  of  such  portion  to  a  point  on  private  property  or  on 
Gerard  street,  between  Bergen  avenue  and  East  One  Hun- 
dred and  Forty-ninth  street,  and  easterly  over  the  rest  of 
the  portion  of  the  route  hereby  substituted  shall  be  carried 
upon  a  viaduct.  The  railroad  may  on  the  portion  of  the 
route  between  Third  avenue  and  Westchester  avenue  oc- 
cupy any  portion  of  any  of  the  streets  of  the  route,  but 
the  railroad  shall  not  at  any  place  exceed  thirty  feet  in 
width.  There  shall  be  at  least  two  parallel  tracks,  with 
the  right  at  any  time  to  add  a  third  track  in  the  discretion 
of  the  Board  of  Rapid  Transit  Railroad  Commissioners. 

In  other  respects  the  provisions  of  the  said  General 
Plan  of  Construction  adopted  on  I4th  January  and  4th 
February,  1897,  shall  be  applicable  to  the  portion  of  the 
route  hereby  substituted;  and  it  is  further 

RESOLVED,  That  whereas  this  Board  has  duly  made  the 
inquiries  and  investigation  necessary  or  proper  in  the 
premises,  and  has  determined  that  the  modification  afore- 
said of  the  said  Routes  and  General  Plan  is  necessary  for 
the  interests  of  the  public  and  of  the  City  of  New  York 
and  should  be  established  as  hereinafter  provided,  this 
Board  does  hereby  determine  and  establish  the  said  Routes 
and  General  Plan  as  hereby  modified,  subject  to  the  con- 
sents and  approvals  to  be  first  obtained  as  hereinafter  men- 
tioned ;  and  it  is  further 


Bergen  Ave.  Change  of  Route.  375 

RESOLVED,  That  the  said  modification  of  the  Routes  and 
General  Plan  shall  take  effect  only  upon  and  after  the  fol- 
lowing consents  thereto  and  approvals  thereof  shall  be 
duly  had,  to  wit : 

1.  The  consent  of  John  B.  McDonald,  contractor,  and 
of  his  sureties,  as  follows :    Rapid  Transit  Subway  Con- 
struction Company ;  The  United  States  Fidelity  and  Guar- 
anty Company ;  The  City  Trust,  Safe  Deposit  and  Surety 
Company  of  Philadelphia ;  American  Surety  Company  ol" 
New  York ;  National  Surety  Company,  and  Perry  Bel-  • 
mont. 

2.  The  consent  of  the  Board  of  Aldermen  of  the  City 
of  New  York. 

3.  The  consent  of  the  Mayor  of  the  City  of  New  York. 

4.  The  consent  of  the  owners  of  a  majority  in  value  of 
the  property  along  streets  or  such  portions  of  streets  as 
are  included  in  the  portion  of  routes  by  these  resolutions 
proposed  to  be  substituted  as  aforesaid ;  or,  if  such  con- 
sents cannot  be  obtained,  then,  in  lieu  thereof,  the  deter- 
mination of  three  commissioners  to  be  appointed  by  the 
Appellate  Division  of  the  Supreme  Court,  duly  confirmed 
by  the  said  Appellate  Division. 

And  it  is  further 

RESOLVED,  That  this  Board  hereby  adopts  the  drawing 
now  produced  and  numbered 
as  showing  in  substance  the  modification  hereby  adopted. 

And  it  is  further 

RESOLVED,  That  the  President  and  the  Secretary  of  the 
Board  be,  and  they  hereby  are,  authorized  to  execute  in 
the  name  of  and  on  behalf  of  the  Board  a  contract  with 
the  Contractor  providing  for  the  said  modification  of  the 
Routes  and  General  Plan. 


376  Bergen  Ave.  Change  of  Route. 

««  Copy  Routes  and  General  Plaiis. 

"January  14,  1897. 

"One  route  as  follows :  Its  centre  line  shall  commence 
at  a  point  at  or  near  the  intersection  of  Broadway  with 
Park  Row ;  thence  under  Park  Row  and  Centre  street  to 
a  point  at  or  near  its  intersection  with  New  Elm  street 
as  proposed;  thence  under  New  Elm  street,  as  proposed, 
to  Lafayette  place ;  thence  under  Lafayette  place  to  Eighth 
street ;  thence  across  and  under  Eighth  street,  and  thence 
under  private  property  lying  between  Eighth  and  Ninth 
streets  and  east  of  the  westerly  side  or  line  of  Lafayette 
place,  produced,  to  Fourth  avenue;  thence  under  Fourth 
avenue  and  Park  avenue  to  Forty-second  street;  thence 
turning  from  Park  avenue  into  Forty-second  street,  and 
taking  for  the  purposes  of  the  curve,  if  necessary  or  con- 
venient, private  property  at  the  southwest  corner  of  Park 
avenue  and  Forty-second  street;  thence  under  Forty-sec- 
ond street  to  Broadway ;  thence  under  Broadway  to  Fifty- 
ninth  street ;  thence  under  the  Boulevard  to  a  point  at  or 
near  One  Hundred  and  Twenty- fourth  street;  thence  bv 
viaduct  along  and  over  the  Boulevard  to  a  point  at  or  near 
One  Hundred  and  Thirty-fourth  street ;  thence  under  the 
Boulevard  and  Eleventh  avenue  to  a  point  on  Eleventh 
avenue,  situate  north  of  One  Hundred  and  Ninetieth 
street,  and  distant  therefrom  not  less  than  one  thousand 
and  not  more  than  one  thousand  five  hundred  feet,  and 
thence  under  or  over  (as  may  be  most  convenient)  private 
property  to  a  point  at  the  southeast  end  of  Ellvvood  street 
near  Hillside  street,  and  thence  over  Ellwood  street  to 
Kingsbridge  avenue  or  Broadway;  thence  over  Kings- 
bridge  avenue  or  Broadway,  as  now  proposed,  to  River- 
dale  avenue,  and  thence  easterly  over  Riverdale  avenue  vo 
a  point  with-in  five  hundred  feet  of  the  present  Kings- 
bridge  station  of  the  New  York  and  Putnam  Railroad 
Company. 

"This  route  shall  include  a  loop  at  the  City  Hall  Park 
which  shall  connect  with  the  portion  of  the  route  aforesaid 
along  Centre  street  at  or  near  the  south  end  of  that  street, 
and  thence  proceed  westerly  and  southerly  under  City  Hall 


Bergen  Ave.  Change  of  Route.  377 

Park  and  Broadway,  and  thence  easterly  to  again  connect 
with  the  portion  of  th^  route  aforesaid  in  Park  Row.  All 
of  the  said  loop  shall  lie  under  City  Hall  Park,  Park  Row, 
between  the  south  end  of  Centre  street  and  Ann  street, 
and  the  portion  of  Broadway  adjoining  the  City  Hall 
Park  lying  between  Vesey  and  Murray  streets.  This 
route  shall  also  include  suitable  tracks  and  connections 
from  the  City  Hall  loop  to  the  Postoffice,  such  tracks  and 
connections  being  under  the  City  Hall  Park  and  under 
the  portion  of  Park  Row  between  the  south  end  of  Centre 
street  and  Ann  street.  This  route  shall  also  include  suit- 
able tracks  and  connections  from  the  portion  of  the  route 
near  the  corner  of  Park  avenue  and  Forty-second  street 
to  the  yard  and  tracks  of  the  Grand  Central  Station.  All 
of  the  tracks  and  connections  last  mentioned  shall  be  un- 
der Park  avenue  and  Forty-second  street  and  private 
property  to  be  acquired.  By  private  property  in  this  de- 
scription is  meant  property  not  forming  part  of  the  streets 
of  the  City  of  New  York  and  not  belonging  to  the  City 
of  New  York. 

"Also  a  route  as  follows :  Its  centre  line  shall  diverge 
from  the  route 'aforesaid  on  the  Boulevard,  between  a  line 
parallel  to  and  one  hundred  feet  north  of  One  Hundred 
and  Third  street  and  a  line  parallel  to  and  one  hundred 
feet  south  of  One  Hundred  and  Third  street ;  thence  under 
private  property  to  a  point  in  One  Hundred  and  Fourth 
street ;  thence  under  One  Hundred  and  Fourth  street  to 
and  across  Central  Park  West ;  thence  under  Central  Park 
to  the  intersection  of  Lenox  avenue  and  One  Hundred 
and  Tenth  street;  thence  under  Lenox  avenue  to  a  point 
near  One  Hundred  and  Forty-second  street ;  thence  curv- 
ing to  the  east  and  passing  under  private  property,  One 
Hundred  and  Forty-third  and  One  Hundred  and  Forty- 
fourth  streets,  to  the  Harlem  River  at  or  near  the  foot  of 
One  Hundred  and  Forty-fifth  street;  thence  under  the 
Harlem  River  and  private  property  to  East  One  Hundred 
and  Forty-ninth  street  at  or  near  its  intersection  witn 
River  avenue;  thence  under  East  One  Hundred  and 
Forty-ninth  street  to  a  point  near  its  intersection  with 
Third  avenue ;  [thence  with  a  curve  to  the  left  and  under 
Third  avenue  to  a  point  near  its  intersection  with  West- 


378  Bergen  Ave.  Change  of  Route. 

Chester  avenue ;  thence  with  a  curve  to  the  right  to  and 
under  Westchester  avenue],  and  thence  by  viaduct  over 
and  along  Westchester  avenue  to  the  Southern  Boulevard ; 
thence  over  and  along  the  Southern  Boulevard  to  the  Bos- 
ton road,  and  thence  over  and  along  the  Boston  road  to 
Bronx  Park. 

"The  said  General  Plan  of  Construction  hereby  adopted 
is  as  follows : 

"For  the  route  under  Park  Row  and  the  said  loop  at 
City  Hall  Park,  two  parallel  tracks ;  for  the  route  from  the 
point  of  connection  of  the  City  Hall  loop  with  the  route 
aforesaid  at  the  southerly  end  of  Centre  street  to  the  junc- 
tion at  or  near  One  Hundred  and  Third  street  and  the 
Boulevard,  four  parallel  tracks;  for  the  route  from  the 
junction  at  or  near  One  Hundred  and  Third  street  and  the 
Boulevard  to  the  New  York  and  Putnam  Railroad  Com- 
pany's station  at  Kingsbridge,  two  parallel  tracks ;  for  the 
route  from  the  junction  at  or  near  One  Hundred  and 
Third  street  and  the  Boulevard  to  Bronx  Park,  two  paral- 
lel tracks. 

"All  of  the  above-mentioned  tracks  shall  be  placed  on 
the  same  level,  except  that  wherever  required  by  special 
necessities  of  surface  or  sub-surface  structures  or  other 
special  or  local  necessities  and  for  the  purpose  of  avoiding 
grade  crossings  at  the  southerly  end  of  Centre  street  and 
the  One  Hundred  and  Third  street  junction,  any  one  or 
more  of  the  tracks  may  be  depressed  below  the  level  of 
the  other  tracks  to  a  depth  of  not  more  than  twenty  feet. 

"The  tracks  shall  be  of  standard  gauge,  that  is  to  say, 
of  a  width  of  four  feet  and  eight  and  a  half  inches  between 
the  rails.  There  shall  be  twelve  and  a  half  feet  width  in 
the  tunnels  and  on  the  viaducts  for  each  track,  except  that 
at  stations,  switches,  turnouts,  curves  and  cross  overs,  the 
width  may  be  increased  to  the  extent  permitted  by  the 
width  of  the  tunnel.  The  tracks  wherever  passing  over  or 
under  the  streets  shall  be  placed  over  or  under  the  central 
part  of  the  street,  except  that  no  tunnel  or  viaduct  or  any 
wall  or  part  thereof  under  or  along  a  street,  shall,  except 


Bergen  Ave.  Change  of  Route.  379 

at  the  stations,  station  approaches,  curves  and  at  places  of 
access  to  sub-surface  structures,  as  hereinafter  provided, 
be  within  a  distance  of  five  feet  of  the  exterior  line  or  side 
of  the  street.  The  tracks  shall  in  all  cases  be  placed  in 
tunnels,  except  only  that  on  the  west  side  route  on  the 
Boulevard  at  or  near  One  Hundred  and  Twenty-fourth 
street  the  tracks  shall  emerge  from  the  tunnel  and  be  car- 
ried upon  a  viaduct  along  the  Boulevard  to  a  point  at  or 
near  One  Hundred  and  Thirty-fourth  street  and  there  be 
taken  again  into  tunnel,  and  except  also  that  on  the 
west  side  route  at  a  point  at  or  near  One  Hundred  and 
Ninetieth  street  the  tracks  shall  again  emerge  from  the 
tunnel  and  be  carried  upon  a  viaduct  over  private  property 
and  the  above-mentioned  streets  to  the  Kingsbridge  sta- 
tion, and  except  also  that  on  the  east  side  from  a  point  on 
Westchester  avenue  at  or  near  Bergen  avenue  the  tracks 
shall  emerge  from  the  tunnel  and  be  carried  upon  a  via- 
duct over  and  along  Westchester  avenue  and  the  other 
streets  above  mentioned  to  Bronx  Park. 

"Wherever  the  tracks  change  from  tunnel  ',o  viaduct, 
or  from  viaduct  to  tunnel,  the  change  shall  be  so  made  as 
to  occupy  or  obstruct  the  use  of  the  surface  of  the  street 
to  the  least  possible  extent  consistent  with  the  proper 
gradient  for  the  tracks. 

"The  roof  of  the  tunnel  shall  be  as  near  the  surface  of 
the  street  as  street  conditions  and  grades  will  permit.  The 
tunnel  shall  not  be  less  than  thirteen  feet  in  height  in  the 
clear.  The  maximum  widths  of  the  tunnel  in  the  clear 
shall  be  as  follows: 

"For  the  route  under  Park  Row  and  the  City  Hall  Park 
loop,  thirty-eight  feet ;  for  the  route  from,  at  or  near  the 
south  end  of  Centre  street  and  to  the  commencement  of 
New  Elm  street,  fifty  feet ;  for  the  route  from,  at  or  near 
the  commencement  of  New  Elm  street  to  Lafayette  Place, 
sixty-eight  feet;  for  the  route  from,  at  or  near  the  com- 
mencement of  Lafayette  Place  to  the  junction  at  or  near 
One  Hundred  and  Third  street,  fifty  feet;  for  the  west 
side  route  from  the  junction  at  or  near  One  Hundred  and 
Third  street  to  Kingsbridge  station,  twenty-five  feet ;  and 
for  the  east  side  route  from,  at  or  near  the  junction  at  One 


380  Bergen  Ave.  Change  of  Route. 

Hundred  and  Third  street  to  Bronx  Park,  twenty-five  feet ; 
except  that  wherever  the  nature  of  the  streets  necessitates 
a  curve  that  an  additional  width  of  tunnel  may  be  added 
not  exceeding  three  feet  for  each  track,  and  except  that 
on  Fourth  avenue,  from  Thirty-second  to  Forty-third 
street,  the  permissible  width  shall  be  sixty-five  feet ;  and 
for  the  tunnel  beneath  the  Harlem  River  and  its  ap- 
proaches, the  permissible  width  shall  be  thirty-five  feet. 
At  each  cross  street  where  accommodations  for  pipes, 
wires,  sewers  and  other  sub-surface  structures  have  been 
provided  within  the  tunnel,  the  tunnel  may,  in  order  tj 
provide  convenient  access  to  such  pipes,  wires,  sewers  and 
other  sub-surface  structures,  have,  within  the  limit  of  the 
sides  or  exterior  lines  of  such  cross  street  or  such  lines 
produced,  an  additional  width  on  each  side  of  the  route 
not  to  exceed  fifteen  feet,  and  the  area  of  additional  width 
on  either  side  not  to  approach  nearer  than  twelve  feet  to 
either  side  or  exterior  line  of  such  cross  street.  Footways 
between  the  tracks  shall  be  provided  the  whole  length  of 
the  line  and  accommodations  arranged  for  the  convenience 
and  protection  of  employes. 

"Whenever  necessary  for  the  proper  support  of  the 
street  surface,  the  roof  of  the  tunnel  shall  be  of  iron  or 
steel  girders  with  brick  or  concrete  arches  supported  by 
iron  or  steel  columns  and  masonry  walls,  or  the  roof  shall 
be  a  masonry  arch.  Viaducts  shall  be  built  with  a  width 
of  twelve  and  one-half  feet  for  each  track,  and  with  an 
additional  width  of  three  feet  on  each  side  for  outside 
footways.  Viaducts  may  be  built  of  metal  or  masonry, 
or  of  both. 

"Adjacent  tracks  shall  be  connected  by  necessary  and 
suitable  switches  and  connections,  and  an  additional  track 
for  siding  accommodation  may  be  constructed  not  to  ex- 
ceed in  length  one-quarter  of  a  mile  for  each  mile  of  road- 
way, but  provided  always  that  the  side  of  the  tunnel  shall 
not,  by  the  enlargement  of  the  tunnel  for  that  purpose,  be 
brought  within  five  feet  of  the  exterior  line  or  side  of  the 
street. 

"Along  Elm  street,  wherever  the  tunnel  shall  be  in  the 
clear  not  less  than  sixty-eight  feet  wide,  the  pipes,  wires, 


Bergen  Ave.  Change  of  Route.  381 

sewers  and  other  sub-surface  structures  shall  be  placed 
in  suitable  galleries  in  the  tunnel  at  the  outside  of  the  ex- 
terior tracks.  But  any  such  pipes,  wires,  sewers  and 
other  sub-surface  structures  may  be  placed  in  suitable 
galleries  beneath  the  tracks,  or  such  pipes,  wires,  sewers 
and  other  sub-surface  structures  may  be  placed  in  the 
ground  above  or  at  the  sides  of  the  tunnel,  or  at  the  out- 
side of  the  exterior  tracks,  and  whenever  so  placed  be- 
neath the  tracks,  or  in  the  ground  above  or  at  the  sides  of 
the  tunnel,  the  width  of  the  tunnel  on  New  Elm  street 
shall  not  be  more  than  fifty  feet.  Pipes,  wires,  sewers 
and  other  sub-surface  structures  shall,  at  any  part  of  the 
said  routes,  be  removed  or  disturbed  only  when  necessary 
for  the  construction  and  operation  of  the  railway,  and,  if 
removed  or  disturbed,  shall  be  placed  under  the  streets  in 
such  manner  and  in  such  location  that  the  use  and  service 
thereof  shall  not  be  impaired.  Such  pipes,  wires,  sewers 
and  other  sub-surface  structures  shall  be  left  or  shall  be 
so  arranged  as  to  give  free  access  for  their  repair  or  al- 
teration, or  for  the  placing  with  them  of  new  pipes,  wires, 
sewers  and  other  like  structures,  and  for  making  connec- 
tions between  the  same  and  buildings  at  any  time. 

"Station  and  station  approaches  shall,  in  general,  be  at 
the  intersections  of  streets  and  shall  be  built  under,  or,  if 
the  position  of  the  tracks  so  require,  over,  the  streets  and 
immediately  adjoining  private  abutting  property,  or 
through  private  property  to  be  acquired  for  the  purpose,  or 
both  under  or  over  streets  and  through  private  property  as 
aforesaid,  except  that  on  the  Boulevard,  stations  and  sta- 
tion approaches  may  be  in  the  centre  of  the  street.  The 
streets  under  or  over  which  stations  or  station  approaches 
shall  be  built  may  include  cross  streets,  but  no  part  of  any 
cross  street  shall  be  used  for  a  station  or  station  approach 
at  a  distance  greater  than  seventy-five  feet  from  the  ex- 
terior line  or  side  of  the  street  of  the  route.  The  word 
'street,'  wherever  used  herein,  shall  include  an  avenue  or 
public  place. 

"Along  the  Boulevard  there  may  be  openings  in  the 
surface  of  the  street  from  the  tunnel  for  the  purpose  of 
ventilation  and  light;  such  openings  shall  be  guarded  by 
convenient  and  ornamental  inclosures.  The  openings 


382  Bergen  Ave.  Change  of  Route. 

shall  not  exceed  twenty  feet  in  width  and  fifty  feet  in 
length.  No  two  openings  shall  be  within  fifty  feet  of  each 
other.  No  opening  or  part  thereof  shall  be  within  the 
limits  of,  or  opposite  to,  any  street  intersecting  the  Boule- 
vard, and  within  the  distance  of  any  one  block  on  the 
Boulevard  between  any  two  adjacent  crossing  streets  there 
shall  not  be  more  than  two  such  openings. 

"The  general  mode  of  operation  shall  be  by  electricity 
or  some  other  power  not  requiring  combustion  within  the 
tunnels  or  on  the  viaducts,  and  the  motors  shall  be  capable 
of  moving  trains  at  a  speed  of  not  less  than  forty  miles 
per  hour  for  long  distances,  exclusive  of  strops. 

"The  manner  of  construction  shall  be  by  tunnelling  cr 
open  excavation ;  it  is  further 

"Resolved,  That  plans  be  prepared  to  show  the  route 
and  general  plan,  in  so  far  as  they  are  hereby  adopted, 
which  said  plans,  when  formally  adopted,  shall  be  deemed 
to  be  incorporated  herein  and  to  form  a  part  hereof. 

February  4,  1897. 

"Resolved,  That  this  Board  of  Rapid  Transit  Railroad 
Commissioners  for  the  City  of  New  York  hereby  adopts 
the  drawings  now  produced  and  numbered  from  i  to  60, 
both  inclusive,  as  showing  the  route  and  general  plan 
adopted  by  resolution  of  this  Board  on  January  14,  1897, 
and  that  as  provided  in  the  said  resolution  the  said  draw- 
ings be  deemed  incorporated  in  and  to  form  part  of  the 
said  resolution ;  and  it  is  further 

"Resolved,  That  the  said  route  and  general  plan  with 
the  said  drawings,  and  the  said  resolution  of  January  14, 
1897,  be,  and  they  hereby  are,  adopted  by  this  Board." 


The  City  of  New  York 

By  its  Rapid  Transit  Board, 


WITH 


John  B.  ncDonald, 

Contractor 


AGREEMENT 

Modifying    Contract    for    Construction    and 

Operation  of  Rapid  Transit  Railroad. 

Lenox  Avenue. 


Dated,  January  i6th,  1903. 
Executed,  January,  1903. 


Lenox  Ave.   Extension.  387 

made  this  i6th  day  of  January,  in  the 
year  Nineteen  hundred  and  three,  between  THE  CITY  OF 
NEW  YORK  (hereinafter  called  the  City),  acting  by  the. 
Board  of  Rapid  Transit  Railroad  Commissioners  for  the 
City  of  New  York  (hereinafter  called  the  Board),  party 
of  the  first  part,  and  JOHN  B.  MCDONALD,  of  The  City  of 
New  York  (hereinafter  called  the  Contractor),  party  of 
the  second  part,  WITNESSETH  : 

WHEREAS,  Heretofore  and  on  or  about  the  2ist  day  of 
February,  1900,  the  City,  acting  by  the  Board,  entered 
into  a  contract  with  the  Contractor  for  the  construction 
and  operation  of  a  Rapid  Transit  Railroad  in  the  City  of 
New  York  and  otherwise,  as  therein  mentioned,  the  said 
contract  being  hereinafter  styled  the  Contract  for  Con- 
struction and  Operation ;  and 

WHEREAS,  The  Contractor  has  deposited  with  the 
Comptroller  of  the  City  certain  security  for  the  perform- 
ance of  the  said  Contract  for  Construction  and  Operation 
on  his  part  and  has  given  certain  bonds  as  further  security 
for  such  performance  and  upon  such  bonds  there  are  sure- 


388  Lenox  Ave.  Extension. 

ties  as  follows :  Rapid  Transit  Subway  Construction  Com- 
pany, The  United  States  Fidelity  &  Guaranty  Company, 
.  The  City  Trust,  Safe  Deposit  &  Surety  Company  of  Phila- 
delphia, American  Surety  Company  of  New  York,  Na- 
tional Surety  Company,  and  Perry  Belmont ;  and 

WHEREAS,  By  written  instruments  bearing  date  the 
tenth  day  of  July,  1902,  the  Contractor,  with  the  written 
consent  of  the  Board,  concurred  in  by  six  members  there- 
of, duly  assigned  the  right  or  obligation  to  maintain  and 
operate  the  said  Rapid  Transit  Railroad  for  the  term  of 
years  specified  in  the  said  contract  and  all  rights  included 
in  the  leasing  provisions  of  the  said  contract,  together 
with  the  obligation  to  provide  equipment  for  the  said  rail- 
road, unto  Interborough  Rapid  Transit  Company,  which 
Company  also  guaranteed  the  performance  by  the  Con- 
tractor of  the  provisions  of  his  said  contract  not  so  as- 
signed to  it ;  and 

WHEREAS,  It  is  in  said  Contract  for  Construction  and 
Operation  provided  that  the  said  Board  of  Rapid  Transit 
Railroad  Commissioners  shall  have  the  right  for  any  sec- 


Lenox  Ave.  Extension.  389 

tion  of  the  railroad  to  require  additional  work  to  be  done 
or  additional  materials  to  be  furnished  or  both,  within  the 
general  purview  of  a  rapid  transit  railroad  as  therein  de- 
scribed, the  reasonable  value  of  which  should  be  addition- 
ally paid  to  the  Contractor ;  and 

WHEREAS,  The  Contractor  desires,  and  the  Board  ap- 
proves, a  modification  of  the  Routes  and  General  Plan  for 
the  Rapid  Transit  Railroad  referred  to  in  the  said  Con- 
tract for  Construction  and  Operation  as  set  forth  in  cer- 
tain resolutions  adopted  by  the  Board  on  the  24th  day  of 
October,  1901,  and  the  2Oth  day  of  November,  1902,  copies 
of  which  are  hereto  annexed,  in  order  to  provide  for 
routes  and  a  general  plan  in  addition  to  the  said  Routes 
and  General  Plan,  as  in  said  resolutions  and  herein  de- 
scribed ;  and 

WHEREAS,  On  or  about  the  28th  day  of  April,  1902, 
The  Board  of  Aldermen  of  the  City  of  New  York  did  bv 

a  majority  vote  of  all  its  members  approve  such  modifica- 

, 
tion  of  the  Routes  and  General  Plan  as  aforesaid,  as  set 

forth  in  said  resolution  of  24th  October,  1901,  and  did 


390  Lenox  Ave.  Extension. 

consent  to  the  construction  of  a  railway  or  railways  in 
accordance  therewith,  and  on  the  same  day  the  Mayor  of 
the  City  of  New  York  did  approve  the  said  resolution  and 
did  consent  to  the  modification  as  aforesaid ;  and 

WHEREAS,  The  Board  has  obtained  the  approval  of  the 
owners  of  a  majority  in  value  of  the  property  along  the 
streets  and  portions  of  the  streets  as  are  included  in  the 
routes  by  this  agreement  proposed  to  be  added  as  afore- 
said to  such  modification,  and  the  consent  of  the  said 
owners  to  the  construction  and  operation  of  the  railway 
therein  provided  for;  and 

WHSREAS,  Heretofore,  and  on  or  about  the  3ist  day  of 
December,  1902,  the  City,  acting  by  the  Board,  entered 
into  a  contract,  a  copy  of  which  is  hereto  annexed,  with 
the  Interurban  Street  Railway  Company,  providing, 
among  other  things,  for  certain  method  and  manner  of 
construction  of  the  said  Railroad  in  front  of  certain  prem- 
ises, leased  by  the  Interurban  Street  Railway  Company, 
fronting  on  the  west  side  of  Lenox  avenue,  between 
One  Hundred  and  Forty-sixth  and  One  Hundred  and 


Lenox  Ave.  Extension.  391 

rorty-seventh  streets,  wherein  it  was  provided  that  any 

)ntract  made  by  the  Board  for  construction  in  front  of 
such  premises  shall  refer  to,  and  the  said  contract  shall 

lerein  be  made  binding  upon,  any  such  contractor  and 
my  of  his  agents. 

W,  tbCrCfOrC*  m"  consideration  of  the  premises 
md  subject  to  the  consents  hereinafter  provided,  it  is 
flQtCCb  tnat  ti16  said  Contract  for  Construction  and 
Operation  and  the  Routes  and  General  Plan  therein  con- 
tained be,  and  the  same  are  hereby  modified  by  adding  to 
the  said  Routes  and  General  Plan  the  words  following,  to 
wit: 


"And  also  extending  from  a  point  under  Lenox 
"avenue  near  One  Hundred  and  Forty-second  street 
"northerly  under  Lenox  avenue  to  a  point  at  or  near 
"its  intersection  with  the  street  known  as  'Exterior 
"street/  including  connections  by  necessary  and  suit- 
"able  switches  and  tracks,  or  otherwise,  with  abutting 
"properties  used  as  terminal  or  storage  grounds. 

"The  general  plan  of  construction  of  the  route 
"hereby  added  shall  be  by  tunnel  in  the  same  manner 
"as  provided  in  the  routes  and  general  plan  for  the 
"construction  of  the  rapid  transit  railroad  under  the 
"portion  of  Lenox  avenue  between  One  Hundred  and 
"Tenth  street  and  One  Hundred  and  Forty-second 
"street.  There  shall  be  at  least  two  parallel  tracks 


392  Lenox  Ave.   Extension. 

"with  the  right  at  any  time  to  add  a  third  track  in  the 
"discretion  of  the  Board  of  Rapid  Transit  Railroad 
"Commissioners. 

"A  station  and  station  approaches  may  also  be  built 
"at  the  intersection  of  one  of  the  streets  intersecting 
"Lenox  avenue,  between  One  Hundred  and  Forty- 
"second  and  Exterior  streets,  as  the  Board  of  Rapid 
"Transit  Railroad  Commissioners  may  decide. 

"In  all  other  respects  the  provisions  of  the  said 
"general  plan  of  construction  adopted  January  I4th 
"and  February  4th,  1897,  shall  be  applicable  to  the 
"portion  of  the  route  hereby  substituted." 


It  10  berCfy)  a$reCfc  that  the  reasonable 
value  of  constructing  that  portion  of  the  rapid  transit  rail- 
road upon  the  said  additional  route  from  the  point  of 
commencement  thereof  under  Lenox  avenue  near  One 
Hundred  and  Forty-second  street  to  a  point  under  Lenox 
avenue  at  its  intersection  with  the  centre  line  of  One  Hun- 
dred and  Forty-eighth  street,  shall  be  deemed  a  part  of 
the  cost  of  constructing  said  rapid  transit  railroad,  and 
shall  be  ascertained  and  determined  and  paid  to  the  Con- 
tractor in  the  manner  provided  in  the  contract  for  the  con- 
struction and  operation  of  said  rapid  transit  railroad  in 
addition  to  the  amounts  in  said  contract  agreed  to  be  paid 
unto  said  Contractor,  and  such  additional  amounts  so  paid 


Lenox  Ave.  Extension.  393 

shall  be  included  in  the  total  cost  of  the  construction  of  the 
said  railroad  in  determining  the  amount  of  rental  to  be 
paid  under  said  contract  in  like  manner  as  if  said  addi- 
tional route  had  been  originally  authorized  therein ;  and 

WHEREAS,  It  is  in  said  Contract  for  the  Construction 
and  Operation  of  the  Rapid  Transit  Railroad  further  pro- 
vided that  the  Contractor  shall  locate  and  furnish  terminal 
grounds  subject  to  the  approval  of  said  Board,  having  a 
mileage  of  not  less  than  five  miles  and  capable  of  storing 
the  equipment  to  be  furnished  under  said  contract  for 
which  he  is  to  be  paid  as  specified  therein,  amounts  not 
exceeding  in  all  the  sum  of  One  million  seven  hundred  and 
fifty  thousand  dollars  ($1,750,00x3). 

It  10  bereb^   furtber  agreefc,  That  the 

Contractor  shall  construct  as  a  part  of  such  terminals  that 
portion  of  the  rapid  transit  railroad  upon  the  said  addi- 
tional route  from  a  point  under  Lenox  avenue  at  its  inter- 
section with  the  centre  line  of  One  Hundred  and  Forty- 
eighth  street  to  the  northerly  termination  thereof  at  a  point 
under  Lenox  avenue  at  or  near  its  intersection  with  the 


394  Lenox  Ave.  Extension. 

street  known  as  "Exterior  street,"  and  that  the  exact  cost 
thereof,  together  with  ten  per  cent.  (10%)  thereon  in  ad- 
dition thereto  shall  be  allowed  and  paid  the  Contractor,  as 
in  said  contract  provided,  and  charged  against  said  Con- 
tractor as  a  payment  on  account  of  the  total  sum  of  One 
million  seven  hundred  and  fifty  thousand  dollars  ($1,750,- 
ooo),  allowed  in  said  contract  for  terminals  as  aforesaid, 

fit  10  beret>\>  furtber  agreefc,    that  the  con- 

tract of  December  3ist,  1902,  between  the  City  and  the 
Interurban  Street  Railway  Company,  hereinbefore  men- 
tioned, is  and  shall  be  binding  upon  the  said  Contractor 
and  any  of  his  agents. 


),  however,  and  it  is  expressly  AGREED, 
That  this  agreement  shall  take  effect  if  and  when  and  only 
when  the  following  consents  shall  have  been  duly  had,  to 
wit  : 

The  'consents  as  subjoined  of  Rapid  Transit  Subway 
Construction  Company,  The  United  States  Fidelity  & 
Guarantee  Company,  The  City  Trust,  Safe  Deposit  & 
Surety  Company  of  Philadelphia,  American  Surety  Com- 


Lenox  Ave.  Extension.  395 

pany  of  New  York,  National  Surety  Company,  and  Perry 
Belmont,  and  Interborough  Rapid  Transit  Company. 


WberCOf,  This  contract  has  been 
executed  for  the  City  of  New  York,  by  its  Board  of  Rapid 
Transit  Railroad  Commissioners,  under  and  by  a  resolu- 
tion duly  adopted  by  said  Board,  concurred  in  by  more 
than  six  of  its  members,  and  the  seal  of  the  said  Board 
has  been  hereto  affixed  and  these  presents  signed  by  the 
President  and  Secretary  of  the  said  Board,  and  the  Con- 
tractor has  hereto  set  his  hand  and  seal,  the  day  and  year 
first  above  written. 

BOARD  OF  RAPID  TRANSIT  RAILROAD 
COMMISSIONERS. 

By  A.  E.  ORR, 

PRESIDENT. 

[SEAL.]  BION  L.  BURROWS, 

SECRETARY. 

[SEAL.]  JOHN  B.  McDONALD. 


396  Lenox  Ave.  Extension. 

STATE  OF  NEW  YORK,    ) 

>  ss  ° 
COUNTY  OF  NEW  YORK,  j 

On  this  29th  day  of  January,  1903,  at  the  City  of  New 
York,  in  said  County,  before  me  personally  appeared  Alex- 
ander E.  Orr  and  Bion  L.  Burrows,  to  me  known  and 
known  to  me  to  be,  the  said  Alexander  E.  Orr,  the  presi- 
dent, and  the  said  Bion  L.  Burrows,  the  secretary  of  the 
Board  of  Rapid  Transit  Railroad  Commissioners  for  the 
City  of  New  York;  and  the  said  Alexander  E.  Orr  and 
Bion  L.  Burrows,  being  by  me  duly  sworn,  did  depose  and 
say,  each  for  himself  and  not  one  for  the  other,  the  said 
Alexander  E.  Orr,  that  he  resided  in  the  Borough  of 

Brooklyn,  in  the  said  City,  that  he  was  the  president  of  the 

said  Board,  and  that  he  subscribed  his  name  to  the  forego- 
ing contract  by  virtue  of  the  authority  thereof;  and  the 
said  Bion  L.  Burrows,  that  he  resided  in  the  Borough  of 
Brooklyn,  in  the  said  City  of  New  York,  that  he  was  the 
secretary  of  the  said  Board,  and  that  he  subscribed  his 
name  thereto  by  like  authority ;  and  both  the  said  Alexan- 
der E.  Orr  and  Bion  L,.  Burrows  that  they  knew  the  seal 
of  the  said  Board  and  that  the  same  was  affixed  to  the 


Lenox  Ave.  Extension.  397 

foregoing  instrument  by  the  authority  of  the  said  Board 
and  of  a  resolution  duly  adopted  by  the  same. 

H.  A.  D.  HOLLMANN, 

NOTARY  PUBLIC  FOR  KINGS  COUNTY,  N.  Y. 
Certificate  filed  in  New  York  County. 

[SEAL.] 


STATE  OF  NEW  YORK,  } 
County  of  New  York,  j  SS< ' 

On  this  26th  day  of  January,  1903,  before  me  personally 
appeared  John  B.  McDonald,  to  me  known  and  known  to 
me  to  be  the  person  and  Contractor  named  in  and  who 
executed  the  foregoing  contract,  and  acknowledged  to  me 
that  he  executed  the  same. 

A.  W.ANDREWS  (36), 
NOTARY  PUBLIC, 
N.  Y.  Co. 
[SEAL.] 


398  Lenox  Ave.  Extension. 

£bC  UnfcCreigneb,  being  the  sureties  of  John  R. 
McDonald,  the  Contractor  above  mentioned,  upon  the  con- 
tinuing bond  in  the  penalty  of  One  million  dollars  ($i,- 
000,000)  and  the  bond  for  construction  and  equipment  in 
the  penalty  of  Five  million  dollars  ($5,000,000)  hereby 
consent  to  the  making  of  the  foregoing  instrument. 

Dated  New  York,  January  26th,  1903. 

RAPID  TRANSIT  SUBWAY  CONSTRUC- 
TION COMPANY, 

By  W.  G.  OAKMAN, 

VICE-PRESIDENT. 
[SEAL.] 

THE  UNITED  STATES  FIDELITY  AND 
GUARANTY  COMPANY, 

By  ANDREW  FREEDMAN, 
ATTEST  :  VICE-PRESIDENT. 

SYLVESTER  J.  O'SULLIVAN, 

MANAGER. 
[SEAL.] 

AMERICAN  SURETY  COMPANY  OF 
NEW  YORK, 

H.  B.  ZEVELY, 

VICE-PRESIDENT. 
WM.  A.  BRANDT, 
ASSISTANT  SECRETARY. 
[SEAL.] 


Lenox  Ave.  Extension.  399 

NATIONAL  SURETY  COMPANY, 

By  THOS.  F.  GOODRICH, 

VICE-PRESIDENT. 
ATTEST  :  BALLARD  McCALL, 

SECRETARY. 
[SEAL.] 

THE  CITY  TRUST,  SAFE  DEPOSIT  AND  SURE- 
TY COMPANY  OF  PHILADELPHIA, 

160  Broadway,  N.  Y. 
A.  T.  KIERNAN, 

VICE-PRESIDENT. 
P.  H.  MOONEY, 

ASST.  SECRETARY. 
[SEAL.] 
PERRY  BELMONT.  [SEAL.] 


400  Lenox  Ave.   Extension. 

STATE  OF  NEW  YORK,    ) 

i  ss  ~ 
COUNTY  OF  NEW  YORK,  J 

On  this  27th  day  of  January,  1903,  before  me  personally 
appeared  Perry  Belmont,  to  me  known  and  known  to  me 
to  be  the  individual  described  in  and  who  executed  the 
foregoing  consent,  and  he  acknowledged  to  me  that  he 

executed  the  same. 

A.  W.  ANDREWS  (36), 

Notary  Public, 

N.  Y.  Co. 

STATE  OF  NEW  YORK,    1 
COUNTY  OF  NEW  YORK,  J 

On  the  26th  day  of  January,  1903,  before  me  personally 
appeared  Andrew  Freedman,  to  me  known,  who  being 
by  me  first  duly  sworn,  did  depose  and  say  that  he  was  the 
Vice-President  of  the  United  States  Fidelity  &  Guaranty 
Company,  the  corporation  described  in  and  which  execut- 
ed the  foregoing  consent ;  that  he  knew  the  corporate  seal 
of  said  company ;  that  one  of  the  seals  affixed  to  said  con- 
sent was  such  corporate  seal ;  that  it  was  affixed  thereto  by 
order  of  the  Board  of  Directors  of  such  company,  and  that 
he  signed  his  name  thereto  by  like  authority.  And  also 
on  the  27th  day  of  January,  1903,  before  me  personally  ap- 


. 


Lenox  Ave.  Extension.  401 

)eared  Adrian  T.  Kiernan,  to  me  known,  who  being  by  me 
irst  duly  sworn,  did  depose  and  say  that  he  was  the  Vice- 
Resident  of  The  City  Trust,  Safe  Deposit  and  Surety 
Company  o-f  Philadelphia,  the  corporation  described  in 
md  which  executed  the  foregoing  consent ;  that  he  knew 
the  corporate  seal  of  said  company ;  that  one  of  the  seals 
affixed  to  said  consent  was  such  corporate  seal ;  that  it  was 
affixed  thereto  by  order  of  the  Board  of  Directors  of  such 
company,  and  that  he  signed  his  name  thereto  by  like  au- 
thority. And  also,  on  the  26th  day  of  January,  1903,  be- 
fore me  personally  appeared  Henry  B.  Zevely,  to  me 
known,  who  being  by  me  first  duly  sworn,  did  depose  and 
say  that  he  was  the  Vice-President  of  American  Surety 
Company  of  New  York,  the  corporation  described  in  and 
which  executed  the  foregoing  consent;  that  he  knew  the 
corporate  seal  of  said  company ;  that  one  of  the  seals 
affixed  to  said  consent  was  such  corporate  seal ;  that  it 
was  affixed  thereto  by  order  of  the  Board  of  Directors  oi 
such  company,  and  that  he  signed  his  name  thereto  by  like 
authority.  And  also,  on  the  27th  day  of  January,  1903, 
before  me  personally  appeared  Thomas  F.  Goodrich,  to 


4O2  Lenox  Ave.   Extension. 

me  known,  who  being  by  me  first  duly  sworn,  did  depose 
and  say  that  he  was  the  Vice-President  of  National  Surety 
Company  of  New  York,  the  corporation  described  in  ami 
which  executed  the  foregoing  consent;  that  he  knew  the 
corporate  seal  of  said  company;  that  the  seal  affixed  to 
said  consent  was  such  corporate  seal ;  that  it  was  affixed 
thereto  by  order  of  the  Board  of  Directors  of  such  com- 
pany, and  that  he  signed  his  name  thereto  by  like  author- 
ity. And  also  on  the  26th  day  of  January,  1903,  befoie 
me  personally  appeared  Walter  G.  Oakman,  to  me  known, 
who  being  by  me  first  duly  sworn,  did  depose  and  say  that 
he  was  the  Vice-President  of  Rapid  Transit  Subway  Con- 
struction Company,  the  corporation  described  in  and 
which  executed  the  foregoing  consent;  that  he  knew  the 
corporate  seal  of  said  company;  that  the  seal  affixed  to 
said  consent  was  such  corporate  seal ;  that  it  was  affixed 
thereto  by  order  of  the  Board  of  Directors  of  such  com- 
pany, and  that  he  signed  his  name  thereto  by  like  au- 
thority. 

A.  W.  ANDREWS  (36), 

NOTARY  PUBLIC, 
N.  Y.  Co. 
[SEAL.] 


Lenox  Ave.  Extension.  403 

being  the  assignee  of  John  B. 
McDonald,  the  Contractor  above  mentioned,  of  the  right 
or  obligation  to  maintain  and  operate  the  said  rapid  tran- 
sit railroad  for  the  term  of  years  specified  in  said  Con- 
tract for  Construction  and  Operation,  and  all  rights  in- 
cluded in  the  leasing  provisions  of  the  said  Contract,  to- 
gether with  the  obligation  to  provide  equipment  for  the 
said  Railroad,  hereby  CONSENTS  to  the  making  of  the  fore- 
going instrument. 

Dated  New  York,  January  26th,  1903. 

INTERBOROUGH  RAPID  TRANSIT  CO., 

E.  P.  BRYAN, 
VICE- PRESIDENT. 
[SEAL.] 


404  Lenox  Ave.   Extension. 

STATE  OF  NEW  YORK,    | 

>  ss. '. 
COUNTY  OF  NEW  YORK,  j 

On  this  26th  day  of  January,  1903,  before  me  personally 
appeared  Edward  P.  Bryan,  to  me  known,  who  being  by 
me  first  duly  sworn,  did  depose  and  say,  that  he  resided' 
in  the  County  of  Westchester,  in  the  State  of  New  York, 
that  he  is  Vice-President  of  Interborough  Rapid  Transit 
Company,  the  corporation  described  in  and  which  execui- 
ed  the  foregoing  consent ;  that  he  knew  the  corporate  seal 
of  said  Company ;  that  the  seal  affixed  to  said  consent  was 
such  corporate  seal;  that  it  was  affixed  thereto  by  order- 
of  the  Board  of  Directors  of  said  Company,  and  that  he 
signed  his  name  thereto  by  like  authority. 

A.  W.ANDREWS  (36), 

[SEAL.]  NOTARY  PUBLIC, 

N.  Y.  Co. 

Approved  by  Corporation  Counsel. 

THE    FOREGOING  CONTRACT  is  HEREBY  APPROVED 
AS  TO  FORM. 

Dated,  New  York,  January  22nd,  1903. 

G.  L.  RIVES, 
CORPORATION  COUNSEL. 


Lenox  Ave.  Extension.  405 

Copy  .Resolution  October  24,  19O1. 

WHEREAS,  This  Board  did,  on  the  I4th  day  of  January, 
1897,  and  4th  day  of  February,  1897,  adopt  certain  Routes 
and  General  Plan  for  a  rapid  transit  railroad  in  the  City 
of  New  York,  a  copy  of  which  is  hereto  annexed  entitled 
"Copy  Routes  and  General  Plan" ;  and 

WHEREAS,  The  said  Routes  and  General  Plan  were 
afterward  duly  approved  by  the  municipal  authorities  of 
the  City  of  New  York,  and  were  duly  consented  to  by 
commissioners  appointed  by  the  Appellate  Division  of  the 
Supreme  Court,  which  consent  was  duly  confirmed  by  the 
said  Appellate  Division,  in  lieu  of  the  consent  of  the  own- 
ers of  a  majority  in  value  of  the  property  along  said 
routes ;  and 

WHEREAS,  Thereafter,  and  on  or  about  the  2ist  day  of 
February,  1900,  the  City  of  New  York  did  by  this  Board 
enter  into  a  certain  contract  with  John  B. McDonald  for  the 
construction  and  operation  of  the  said  rapid  transit  rail- 
road ;  and 

WHEREAS,  It  is  the  interest  of  the  City  of  New  York, 
and,  in  the  opinion  of  the  said  John  B.  McDonald,  it  is 
likewise  in  his  interest  as  such  contractor,  and  he  desires 
that  said  Routes  and  General  Plan  shall  be  changed  in 
the  respect  hereinafter  mentioned,  but  without  other 
change  in  the  said  Routes  and  General  Plan ;  now  there- 
fore it  is 

RESOLVED,  That,  subject  to  the  consents  and  approvals 
to  be  first  obtained  as  in  these  resolutions  hereinafter  men- 
tioned, the  said  Routes  and  General  Plan  heretofore  adopt- 
ed by  this  Board  be,  and  they  hereby  are,  modified  by  add- 
ing to  the  said  routes  the  following,  to  wit : 

"And  also  extending  from  a  point  under  Lenox  avenue 
near  One  Hundred  and  Forty-second  street  northerly  un- 
der Lenox  avenue  to  a  point  at  or  near  its  intersection 
with  the  street  known  as  'Exterior  street,'  including  con- 
nections by  necessary  and  suitable  switches  and  tracks,  or 
otherwise,  with  abutting  properties  used  as  terminal  or 
storage  grounds. 


406  Lenox  Ave.  Extension. 

"The  general  plan  of  construction  of  the  portion  of  the 
route  hereby  added  shall  be  by  tunnel  in  the  same  manner 
as  provided  in  the  routes  and  general  plan  for  the  con- 
struction of  the  rapid  transit  railroad  under  the  portion 
of  Lenox  avenue  between  One  Hundred  and  Tenth  street 
and  One  Hundred  and  Forty-second  street.  There  shall 
be  at  least  two  parallel  tracks  with  the  right  at  any  time 
to  add  a  third  track  in  the  discretion  of  the  Board  of 
Rapid  Transit  Railroad  Commissioners. 

"A  station  and  station  approaches  may  also  be  built  at 
the  intersection  of  one  of  the  streets  intersecting  Lenox 
avenue,  between  One  Hundred  and  Forty-second  and  Ex- 
terior streets,  as  the  board  of  Rapid  Transit  Railroad  Com- 
missioners may  decide." 

In  all  other  respects  the  provisions  of  the  said  general 
plan  of  construction  adopted  January  I4th  and  February 
4th,  1897,  shall  be  applicable  to  the  portion  of  the  route 
hereby  substituted ;  and  it  is  further 

RESOLVED,  That  whereas  this  Board  has  duly  made  the 
inquiries  and  investigation  necessary  or  proper  in  the 
premises,  and  has  determined  that  the  modification  afore- 
said of  the  said  Routes  and  General  Plan  are  necessary  for 
the  interests  of  the  public  and  of  the  City  of  New  York 
and  should  be  established  as  herein  provided,  this  Board 
does  hereby  determine  and  establish  the  said  Routes  and 
General  Plan  as  hereby  modified,  subject  to  the  consents 
and  approvals  to  be  first  obtained  as  hereinafter  men- 
tioned ;  and  it  is  further 

RESOLVED,  That  the  said  modifications  of  Routes  and 
General  Plans  shall  take  effect  only  upon  and  after  the 
following  consents  and  approvals  thereto  shall  be  duly 
had,  to  wit : 

1.  The  consent  of  the  Municipal  Assembly  of  The  City 
of  New  York. 

2.  The  consent  of  the  Mayor  of  the  City  of  New  York. 

3.  The  consent  of  the  owners  of  a  majority  in  value  •••£ 
the  property  along  streets  or  such  portions  of  streets  as 
are  included  in  the  portion  of  routes  by  these  resolutions 
proposed  to  be  substituted  as  aforesaid ;  or.  if  such  con- 


Lenox  Ave.  Extension.  407 

sents  cannot  be  obtained,  then,  in  lieu  thereof,  the  deter- 
mination of  three  commissioners  to  be  appointed  by  the 
Appellate  Division  of  the  Supreme  Court,  duly  confirmed 
by  the  said  Appellate  Division. 

4.  The  consent  of  the  said  John  B.  McDonald,  contrac- 
tor, and  of  his  sureties,  as  follows :  Rapid  Transit  Subwav 
Construction  Company ;  The  United  States  Fidelity  and 
Guaranty  Company;  The  City  Trust,  Safe  Deposit  and 
Surety  Company  of  Philadelphia;  American  Surety  Com- 
pany of  New  York ;  National  Surety  Company  and  Perry 
Belmont. 

It  is  further 

RESOLVED,  That  this  Board  hereby  adopts  the  drawing 
now  produced  and  numbered  one  as  showing  the  modifi- 
cations or  extension  hereby  adopted. 


408  Lenox  Ave.  Extension. 

Copy  Resolution  November  2Oth,  1902. 

WHEREAS,  The  Board  did,  on  the  24th  day  of  October, 
1901,  at  the  request  of  John  B.  McDonald,  the  Contractor, 
adopt  certain  resolutions  modifying  the  routes  and  general 
plan  contained  in  the  Contract  for  Construction  and  Oper- 
ation, entered  into  by  the  City  of  New  York  and  the  said 
Contractor  on  or  about  the  2ist  day  of  February,  1900,  in 
order  to  provide  for  a  route  and  a  general  plan  in  addition 
to  the  said  routes  and  general  plan  in  said  Contract  con- 
tained; and 

WHEREAS,  The  said  Contractor  is  willing  that  the  cost 
of  constructing  that  portion  of  the  Rapid  Transit  Railroad 
upon  the  said  additional  routes  from  the  point  of  its  com- 
mencement under  Lenox  avenue  near  One  Hundred  and 
Forty-second  street  to  a  point  under  Lenox  avenue  at  Its 
intersection  with  the  centre  line  of  One  Hundred  and 
Forty-eighth  street,  shall  be  deemed  a  part  of  the  cost  of 
constructing  said  Rapid  Transit  Railroad  and  shall  be  as- 
certained and  determined  and  paid  to  the  said  Contractor 
in  the  manner  provided  in  the  Contract  for  Construction 
and  Operation  of  said  Rapid  Transit  Railroad  in  addition 
to  the  amounts  in  said  contract  agreed  to  be  paid  unto  said 
Contractor,  and  such  additional  amounts  so  paid  shall  be 
included  in  the  total  cost  of  the  construction  of  the  said 
Railroad  in  determining  the  amount  of  rental  to  be  paid 
under  said  contract,  in  like  manner  as  if  said  additional 
route  had  been  originally  authorized  therein ;  and  that  the 
cost  of  constructing  that  portion  of  the  said  railroad  upon 
the  said  additional  routes  from  a  point  under  Lenox  ave- 
nue at  its  intersection  with  the  centre  line  of  One  Hun- 
dred and  Forty-eighth  street  to  the  northerly  end  of  such 
extension  route  at  a  point  under  Lenox  avenue  at  or  near 
its  intersection  with  the  street  known  as  Exterior  street, 
shall  be  deemed  to  be  part  of  the  terminals  provided  for  in 
the  said  Contract  for  Construction  and  Operation,  and 
that  the  exact  cost  thereof,  together  with  ten  per  cent. 
thereon  in  addition  thereto,  shall  be  allowed  and  paid  the 
Contractor  as  in  said  Contract  for  Construction  and 
Operation  provided,  and  charged  against  said  Contractor 
as  a  payment  on  account  of  the  total  sum  of  One  million 


Lenox  Ave.  Extension.  409 

seven  hundred  and  fifty  thousand  dollars  ($1,750,000),  the 
maximum  amount  allowed  in  said  contract  for  terminals ; 

RESOLVED,  That  the  officers  of  this  Board  be,  and  they 
hereby  are,  in  the  name  and  under  the  seal  of  the  Board, 
authorized  to  execute  with  the  Contractor  a  contract  modi- 
fying the  Contract  for  Construction  and  Operation  in  this 
respect,  substantially  as  follows: 

[Here  follows  form  of  Contract.] 


4i o  Lenox  Ave.  Extension. 

Agreement  of  December  31st,  1902. 

Agreement,  made  this  3ist  day  of  December,  in  the  year 
1902,  between  the  City  of  New  York,  acting  by  The  Board 
of  Rapid  Transit  Railroad  Commissioners  for  the  City  of 
New  York,  hereinafter  called  the  Board,  party  of  the  first 
part,  and  the  Interurban  Street  Railway  Company,  of  the 
City  of  New  York,  hereinafter  called  the  Company,  party 
of  the  second  part : 

WHEREAS,  The  Sixth  Avenue  Railroad  Company  anJ 
the  Metropolitan  Street  Railway  Company  are  severally 
the  owners  of  the  property  fronting  on  the  west  side  of 
Lenox  avenue,  between  One  Hundred  and  Forty-sixth  and 
One  Hundred  and  Forty-seventh  Streets,  in  the  Borough 
of  Manhattan,  City  of  New  York,  and  have  leased  the  said 
property,  and  the  same  is  now  held  by  the  Interurban 
Street  Railway  Company,  the  party  hereto  of  the  second 
part  under  lease ;  and 

WHEREAS,  The  said  owning  corporations  have,  by  in- 
strument bearing  date  the  I4th  day  of  August,  1902,  copies 
of  which  are  hereto  annexed  marked  "A,"  given  their  con- 
sent in  writing  to  the  construction  of  the  rapid  transit 
railroad  in  this  City  according  to  the  certain  routes  and 
general  plan  of  construction ;  and 

WHEREAS,  It  is  for  the  interest  of  all  the  parties  that  the 
construction  of  said  rapid  transit  railroad  under  the  au- 
thority of  the  Board  shall  not  interfere  with  the  operation 
of  the  railroad  of  the  Company,  and  shall  not  prevent 
access  to  and  egress  from  said  car  house ; 

Now,  THEREFORE,  in  consideration  of  one  dollar  ($1.00) 
and  of  other  good  and  valuable  considerations,  each  to  the 
other  in  hand  paid,  the  parties  hereto  agree  as  follows : 

The  Board  agrees  that  the  work  of  constructing  said 
rapid  transit  railroad  according  to  the  said  routes  and 
general  plan  in  front  of  the  premises  of  the  Company 
aforesaid  shall  be  done  in  such  a  manner  that  there  shall 
be  no  unreasonable,  unnecessary  or  preventable  interfer- 
ence with  or  obstruction  to  the  operation  of  the  railroad 
of  the  Company  in  front  of  said  premises  by  the  Commis- 
sioners or  any  of  their  servants  or  agents,  or  by  any  con- 
tractor or  any  of  his  servants,  agents  or  employees,  who 


Lenox  Ave.  Extension.  411 

shall  at  any  time  carry  on  construction  work  in  front  of 
said  premises. 

That  the  method  and  manner  of  construction  be  such 
that  the  tracks  and  special  work  of  the  Railway  Com- 
pany, as  well  as  the  pits  beneath  the  special  work,  shall 
not  be  disturbed,  and  shall  be  maintained  at  all  times 
in  condition  for  safe  operation  of  the  cars  of  the  Rail- 
way Company.  And  whenever  it  shall  be  necessary  to 
undermine  this  special  track  work,  it  shall  be  supported 
by  substantial  timbering  in  a  manner  acceptable  to  the 
Engineer  of  the  Railway  Company. 

And  if  it  shall  be  necessary  during  the  progress  of  the 
work  to  remove  the  bottoms  from  any  of  the  junction  pits 
or  manholes,  the  concrete  bottoms  shall  be  replaced  by 
timber  platforms. 

Also  whenever  it  shall  be  necessary  during  the  prog- 
ress of  the  work  to  drive  sheet  piling  near  these  tracks 
or  special  work,  it  shall  be  done  at  such  time  and  in  such 
manner  as  not  to  interfere  with  the  free  use  of  the  tracks 
by  the  Railway  Company. 

It  is  also  understood  that  after  the  completion  of  the 
tunnel,  the  tracks  and  special  work  of  the  Railway  Com- 
pany will  be  permanently  supported  in  such  a  way  as  to 
obviate  any  settlement  after  the  removal  of  the  temporary 
supports. 

That  any  contract  made  by  the  Commissioners  for  con- 
struction in  front  of  such  premises  shall  refer  to,  and  this 
contract  shall  therein  be  made  binding  upon,  any  such 
contractor  and  any  of  his  agents. 

IN  WITNESS  WHEREOF,  the  parties  hereto  have  signed 
this  agreement  the  day  and  year  first  above  written. 

THE  BOARD  OF  RAPID  TRANSIT  RAILROAD 
COMMISSIONERS  FOR  THE  CITY  OF  NEW 
YORK, 

By  A.  E.  ORR, 

PRESIDENT. 

BION  L.  BURROWS, 

[SEAL.]  SECRETARY. 

INTERURBAN  STREET  RAILWAY  COMPANY, 

By  H.  H.  VREELAND, 
[SEAL.]  PRESIDENT. 


412  Lenox  Ave.  Extension. 

To  the  Board  of  Rapid  Transit  Railroad  Commissioners 
for  the  City  of  New  York: 

Referring  to  the  routes  and  general  plan  of  construc- 
tion adopted  by  said  Board  of  Rapid  Transit  Railroad 
Commissioners  on  the  i/j-th  day  of  January,  1897,  and  to 
the  plans  and  conclusions  therewith,  all  of  which  were  on 
or  about  the  2d  day  of  March,  1897,  transmitted  by  said 
Board  to  the  Common  Council  of  the  City  of  New  York, 
and  referring  also  to  the  resolutions  adopted  by  said  Board 
on  the  24th  day  of  October,  1901,  and  thereafter  trans- 
mitted to  the  Board  of  Aldermen  of  the  present  City  of 
New  York,  providing  for  the  modification  of  or  extension 
to  said  routes,  general  plan  of  construction,  plans  and 
conclusions,  by  adding  to  the  said  routes  the  following,  to 
wit :  Lenox  avenue,  from  a  point  in  the  centre  line  thereof 
near  the  centre  line  of  One  Hundred  and  Forty-second 
street,  northerly  to  a  point  at  or  near  the  intersection  of 
Lenox  avenue  with  Exterior  street;  the  general  plan  of 
construction  to  be  by  tunnel  in  the  same  manner  as  pro- 
vided in  the  routes  and  general  plan  for  the  construction 
of  the  rapid  transit  railroad  under  that  portion  of  Lenox 
avenue  between  One  Hundred  and  Tenth  street  and  One 
Hundred  and  Forty-second  street,  the  undersigned,  Met- 
ropolitan Street  Railway  Company,  of  No. 

,  in  the  City  of  New  York,  being 

owner  of  property  on  the  west  side  of  Lenox  avenue,  in 
the  Borough  of  Manhattan,  in  the  City  of  New  York, 
along  and  bounded  on  the  said  west  side  of  said  Lenox 
avenue,  and  known  as  Lot  No.  i,  Block  No.  2015,  on  the 
Block  Map  of  Taxes  and  Assessments  of  the  City  of  New 
York,  filed  in  the  office  of  the  Commissioners  of  Taxes 
and  Assessments  in  the  Borough  of  Manhattan,  in  the  City 
of  New  York,  in  the  year  1902,  does  hereby  consent  to  the 
construction  and  operation  of  a  rapid  transit  railway  in 
the  City  of  New  York  according  to  the  said  routes,  gen- 
eral plan  of  construction,  plans  and  conclusions  transmit- 


Lenox  Ave.  Extension.  4*3 

ted  as  aforesaid  by  said  Board  to  the  Common  Council  of 
the  City  of  New  York,  but  modified  as  aforesaid. 
Dated  the  I4th  day  of  October,  1902. 

METROPOLITAN  STREET  RAILWAY 
COMPANY, 

By  D.  B.  HASBROUCK, 
[SEAL.]  VICE-PRESIDENT. 


CITY  AND  COUNTY  OF  NEW  YORK,  ss. : 

On  this  i6th  day  of  October,  A.  D.  1902,  before  me  per- 
sonally came  D.  B.  Hasbrouck,  to  me  known,  who,  being 
by  me  duly  sworn,  did  depose  and  say  that  he  resided  in 
the  City  of  New  York,  Borough  of  Brooklyn,  and  State 
of  New  York ;  that  he  is  the  Vice  President  of  the  Metro- 
politan Street  Railway  Company,  the  corporation  de- 
scribed in  and  which  executed  the  foregoing  instrument ; 
that  he  knew  the  seal  of  said  corporation;  that  the  seal 
affixed  to  said  instrument  was  such  corporate  seal ;  that  it 
was  so  affixed  by  order  of  the  Board  of  ^Directors  of  said 
corporation,  and  that  he  signed  his  name  thereto  by  the 
like  order. 

RALPH  W.  BOTHAM, 

[L.  s.]  NOTARY  PUBLIC,  KINGS  Co.  (83). 

Certificate  filed  in  New  York  Countv. 


To  the  Board  of  Rapid  Transit  Railroad  Commissioners 

for  the  City  of  New  York: 

Referring  to  the  routes  and  general  plan  of  construc- 
tion adopted  by  said  Board  of  Rapid  Transit  Railroad 
Commissioners  on  the  I4th  day  of  January,  1897,  and  to 
the  plans  and  conclusions  therewith,  all  of  which  were  on 
or  about  the  2d  day  of  March,  1897,  transmitted  by  said 
Board  to  the  Common  Council  of  the  City  of  New  York, 
and  referring  also  to  the  resolutions  adopted  by  said 
Board  on  the  24th  day  of  October,  1901,  and  thereafter 


414  Lenox  Ave.  Extension. 

transmitted  to  the  Board  of  Aldermen  of  the  present  City 
of  'New  York,  providing  for  the  modification  of  or  exten- 
tension  to  said  routes,  general  pian  of  construction,  plans 
and  conclusions,  by  adding  to  tl  e  said  routes  the  follow- 
ing, to  wit :  Lenox  avenue,  from  a  point  in  the  centre  line 
thereof  near  the  centre  line  of  One  Hundred  and  Forty- 
second  street,  northerly  to  a  point  at  or  near  the  intersec- 
tion of  Lenox  avenue  with  Exterior  street;  the  general 
plan  of  construction  to  be  by  t  innel  in  the  same  manner 
as  provided  in  the  routes  and  general  plan  for  the  con- 
struction of  the  rapid  transit  railroad  under  that  portion 
of  Lenox  -avenue  between  One  Hundred  and  Tenth  street 
and  One  hundred  and  Forty-second  street,  the  under- 
signed, Sixth  Avenue  Railroad  Company,  of  No. 

,  in  the  City  of  New  York, 

being  owner  of  property  on  ic  west  side  of  Lenox  ave- 
nue, in  the  Borough  of  Manhattan,  in  the  City  of  New 
York,  along  and  bounded  on  the  said  west  side  of  said 
Lenox  avenue,  and  known  as  Lot  No.  I,  Block  No.  2015, 
on  the  Block  Map  of  Taxes  and  Assessments  of  the  City 
of  New  York,  filed  in  the  office  of  the  Commissioners  of 
Taxes  and  Assessments  in  the  Borough  of  Manhattan,  in 
the  City  of  New  York,  in  the  year  1902,  does  hereby 
consent  to  the  construction  and  operation  of  a  rapid  tran- 
sit railway  in  the  City  of  New  York  according  to  the  said 
routes,  general  plan  of  construction,  plans  and  conclusions 
transmitted  as  aforesaid  by  said  Board  to  the  Common 
Council  of  the  City  of  New  York,  but  modified  as  afore- 
said. 

Dated  the  I4th  day  of  October,  1902. 
SIXTH  AVE.  R.  R.  CO., 

By  FRANK  CURTISS, 

[SEAL.]  PRESIDENT. 

ATTEST:  E.  H.  GARRISON, 

SECRETARY. 

CITY  AND  COUNTY  OF  NEW  YORK,  ss. : 

On  this  I4th  day  of  October,  A.  D.,  1902,  before  me 
personally  came  Frank  Curtiss,  to  me  known,  who,  being 
by  me  duly  sworn,  did  depose  and  say  that  he  resided  in 
the  Town  of  Sheffield,  State  of  Massachusetts,  and  he  is 


Lenox  Ave.  Extension  415 

the  President  of  the  Sixth  Avenue  Railroad  Companv, 
the  corporation  described  in  and  which  executed  the  fore- 
going instrument ;  thai}  he  knew  the  seal  of  said  corpora- 
tion ;  that  the  seal  affixed  to  said  instrument  was  such  cor- 
porate seal ;  that  it  was  so  affixed  by  order  of  the  Board 
of  Directors  of  said  corporation,  and  that  he  signed  his 
name  thereto  by  the  like  order. 

WARREN  C.  FRENCH,  Jr., 

"  [L.  s.]  NOTARY  PUBLIC, 

N.  Y.  Co. 


The  City  of  New  York 

By  its  Rapid  Transit  Board. 


WITH 


John  B.  McDonald, 

Contractor. 


and 


Interborough   Rapid  Transit 
Company 


AGREEMENT 

Modifying    Contract    for    Construction    and 

Operation  of  Rapid  Transit  Railroad. 

FORT  LEE  FERRY, 


Dated,  July  i6th,  1903. 


Ft.  Lee  Ferry  Connection.  419 

made  this  i6th  day  of  July,  in  the  year 
Nineteen  hundred  and  three,  between  THE  CITY  OF  NEW 
YORK  (hereinafter  called  the  City),  acting  by  the  Board 
of  Rapid  Transit  Railroad  Commissioners  for  the  City  of 
New  York  (hereinafter  called  the  Board),  party  of  the 
first  part,  and  JOHN  B.  MCDONALD,  of  The  City  of  New 
York  (hereinafter  called  the  Contractor),  and  Interbor- 
ough  Rapid  Transit  Company,  parties  of  the  second  part, 

WlTNESSETH  :     • 

WHEREAS,  Heretofore  and  on  the  I4th  day  of  January, 
1897,  and  the  4th  day  of  February,  1897,  the  Board  adopt- 
ed certain  Routes  and  General  Plan  for  a  rapid  transit 
railroad  in  the  City  of  New  York,  a  portion  of  which  ex- 
tends under  the  Boulevard  to  a  point  at  or  near  One  Hun- 
dred and  Twenty-fourth  street,  and  thence  by  viaduct 
along  and  over  the  Boulevard  to  a  point  at  or  near  One 
Hundred  and  Thirty-fourth  street  and  thence  further  to 
the  north  on  the  westerly  branch  of  the  said  rapid  transit 
railroad ;  and 

WHEREAS,  Heretofore  and  on  or  about  the  2ist  day  of 


420  Ft.  Lee  Ferry  Connection. 

February,  1900,  the  City,  acting  by  the  Board,  entered 
into  a  contract  with  the  Contractor  for  the  construction 
and  operation  of  the  said  Rapid  Transit  Railroad  in  the 
City  of  New  York  and  otherwise,  as  therein  mentioned, 
the  said  contract  being  hereinafter  styled  the  Contract  for 
Construction  and  Operation ;  and 

WHEREAS,  The  Contractor  has  deposited  with  the 
Comptroller  of  the  City  certain  security  for  the  perform- 
ance of  the  said  Contract  for  Construction  and  Operation 
on  his  part  and  has  given  certain  bonds  as  further  security 
for  such  performance  and  upon  such  bonds  there  are  sure- 
ties as  follows :  Rapid  Transit  Subway  Construction  Com- 
pany, The  United  States  Fidelity  &  Guaranty  Company, 
The  City  Trust,  Safe  Deposit  &  Surety  Company  of  Phila- 
delphia, American  Surety  Company  of  New  York,  Na- 
tional Surety  Company,  and  Perry  Belmont ;  and 

WHEREAS,  By  written  instrument  bearing  date  the  tenth 
day  of  July,  1902,  the  Contractor,  with  the  written  con- 
sent of  the  Board,  concurred  in  by  six  members  thereof, 
duly  assigned  the  right  or  obligation  to  maintain  and 


Ft.  Lee  Ferry  Connection.  421 

operate  the  said  Rapid  Transit  Railroad  for  the  term  of 
years  specified  in  the  said  contract  and  all  rights  included 
in  the  leasing  provisions  of  the  said  contract,  together  with 
the  obligation  to  provide  equipment  for  the  said  railroad, 
unto  Interborough  Rapid  Transit  Company,  which  Com- 
pany also  guaranteed  the  performance  by  the  Contractor 
of  the  provisions  of  his  said  contract  not  so  assigned  to  it ; 
and 

WHEREAS,  It  is  in  said  Contract  for  Construction  and 
Operation  provided  that  the  said  Board  of  Rapid  Transit 
Railroad  Commissioners  shall  have  the  right  to  require 
additional  work  to  be  done  or  additional  materials  to  be 
furnished  or  both,  within  the  general  purview  of  a  rapid 
transit  railroad  as  therein  described,  the  reasonable  value 
of  which  should  be  additionally  paid  to  the  Contractor; 
and 

WHEREAS,  The  Contractor  desires,  and  the  Board  ap- 
proves, a  modification  of  the  Routes  and  General  Plan  for 
the  Rapid  Transit  Railroad  referred  to  in  the  said  Contract 
for  Construction  and  Operation  as  set  forth  in  certain 


*422  Ft.  Lee  Ferry  Connection. 

resolutions  adopted  by  the  Board  on  the  i6th  day  of  July, 
1903,  a  copy  of  which  is  hereto  annexed,  in  order  to  pro- 
vide for  an  addition  to  the  said  Routes  and  General  Plan, 
as  in  said  resolutions  and  herein  described  : 


,  in  consideration  of  the  prem- 
ises, but  subject  to  the  consents  hereinafter  provided,  it  is 
that  the  said  contract  for  Construction  and 
Operation  and  the  Routes  and  General  Plan  therein  con- 
tained be,  and  the  same  are  hereby  modified  by  adding  to 
the  said  Routes  and  General  Plan  the  words  following,  to 
wit: 

"And  also  a  branch  or  spur  extending  from  the 
"line  of  the  route  aforesaid  on  Broadway  (formerly 
"the  Boulevard),  at  a  point  about  one  hundred  (100) 
"feet  northerly  from  the  north  line  of  One  Hundred 
"and  Twenty-fifth  street,  and  thence  extending  north- 
"erly  along  and  over  Broadway  (being  in  addition  to 
"the  tracks  hereinbefore  originally  provided  along 
"such  portion  of  Broadway)  to  Manhattan  street; 
"thence  westerly  along  and  over  Manhattan  street 
"and  under  the  Manhattan  viaduct  and  over  and 
"across  the  tracks  of  the  New  York  Central  &  Hud- 
"son  River  Railroad,  West  One  Hundred  and  Thir- 
tieth street  and  the  exterior  or  bulkhead  street  to  the 
"ferry  house  at  the  foot  of  West  One  Hundred  and 
"Thirtieth  street,  together  with  proper  connections  by 


^ 

Ft.  Lee  Ferry  Connection.  423 

"necessary  and  suitable  switches,  tracks  and  other- 
"wise,  with  the  rapid  transit  railroad  originally  de- 
Ascribed  in  said  Routes  and  General  Plan,  at  and 
"north  of  One  Hundred  and  Twenty-fifth  street,  and 
"also  including  proper  connections  by  stairways  and 
"otherwise  with  the  said  ferry  house. 

"The  general  plan  of  construction  of  the  route  here- 
"by  added  shall  be  by  elevated  structure  of  the  same 
"character  and  to  be  constructed  in  the  same  manner 
"as  is  hereinbefore  provided  for  the  elevated  portion 
"of  the  rapid  transit  railroad  over  and  along  Broad- 
"way  (the  Boulevard)  at  One  Hundred  and  Twenty  - 
"fifth  street.  There  shall  be  at  least  two  parallel 
"tracks  with  the  right  at  any  time  to  add  a  third  track 
"in  the  discretion  of  the  Board  of  Rapid  Transit  Rail- 
"road  Commissioners.  The  said  connections,  switch- 
"es  and  tracks  shall  be  so  constructed  as  to  make 
"convenient  the  running  of  trains  without  change  be- 
tween the  portions  of  the  said  rapid  transit  railroad 
"over  and  along  Broadway  (the  Boulevard)  south  of 
"One  Hundred  and  Twenty-fifth  street  and  the  part 
"on  Manhattan  street  hereby  provided  for.  Stations 
"and  station  approaches  may  be  built  at  the  intersec- 
tion of  Broadway  and  Manhattan  street  and  also  at 
"the  terminus  of  the  addition  hereby  adopted  at  the 
"foot  of  West  One  Hundred  and  Thirtieth  street  or 
"elsewhere,  upon  the  said  addition,  as  the  Board  of 
"Rapid  Transit  Railroad  Commissioners  may  decide. 

"In  all  other  respects  the  provisions  of  the  said 
"general  plan  of  construction  adopted  January  I4th 
"and  February  4th,  1897,  shall  be  applicable  to  the 
"portion  of  the  route  hereby  added." 


424  Ft.  Lee  Ferry  Connection. 

Hnfc  it  10  berebs  further    agreed,  that 

the  said  contract  be  and  the  same  shall  hereafter  be 
deemed  to  be  so  modified  as  that  the  portion  of  the  rapid 
transit  railroad  added  by  the  modification  aforesaid  of  the 
Routes  and  General  Plan  shall  in  all  respects,  except  as 
herein  otherwise  expressly  provided,  be  deemed  to  be  part 
of  the  rapid  transit  railroad  originally  described  in  the 
said  contract  hereby  modified,  provided,  however,  that 
the  frequency  of  train  service  upon  the  said  portion  of  the 
rapid  transit  railroad  so  added  by  the  said  modification 
shall,  from  time  to  time,  be  determined  by  the  Board, 
Provided,  further,  however,  that  the  frequency  of  such 
service  shall  in  no  case  be  required  to  be  greater  than  is 
in  said  contract  provided  for  service  upon  the  remainder 
of  the  said  rapid  transit  railroad. 


it  10  bereb$  furtbcr  agreed,  that  the 

reasonable  value  of  constructing  that  portion  of  the  rapid 
transit  railroad  upon  the  said  additional  route  and  includ- 
ing all  of  the  said  connections,  switches,  tracks,  stations 
and  station  approaches,  and  all  appurtenances  of  such  ad- 


Ft.  Lee  Ferry  Connection.  425 

dition  to  the  said  rapid  transit  railroad  shall  be  deemed  a 
part  of  the  cost  of  constructing  said  rapid  transit  railroad, 
and  shall  be  ascertained  and  determined  and  paid  to  the 
Contractor  in  the  manner  provided  in  the  contract  for  thf 
construction  and  operation  of  said  rapid  transit  railroad  ip 
addition  to  the  amounts  in  said  contract  originally  agreed 
to  be  paid  unto  said  Contractor,  and  that  such  additional 
amounts  so  paid  shall  be  included  in  the  total  cost  of  the 
construction  of  the  said  railroad  in  determining  the 
amount  of  rental  to  be  paid  under  said  contract  in  like 
manner  as  if  said  additional  route  had  been  originally  au- 
thorized therein; 


,  however,  and  it  is  expressly  AGREED, 
That  this  agreement  shall  take  effect  if  and  when  and 
only  when  the  following  consents  shall  have  been  duly 
had,  to  wit  : 

The  consents  as  subjoined  of  Rapid  Transit  Subway 
Construction  Company,  The  United  States  Fidelity  & 
Guaranty  Company,  The  City  Trust,  Safe  Deposit  &  Sure- 
ty Company  of  Philadelphia,  American  Surety  Company 


426  Ft-  Lee  Ferry  Connection. 

of  New  York,  National  Surety  Company,  and  Perry  Bsl- 

ment;  and 


,  further,  however,  and  it  is  expressly 
agreed,  that  this  agreement  shall  take  effect  if  and  when, 
and  only  when,  the  following  consents  shall  have  been  duly 
given  to  the  said  resolutions  adopted  by  the  Board  on  the 
i6th  day  of  July,  1903,  a  copy  of  which  is  hereto  annexed, 
providing  for  the  said  addition  to  said  Routes  and  General 
Plan  ;  the  consent  of  the  Board  of  Aldermen  of  the  City  of 
New  York  ;  the  consent  of  the  Mayor  of  the  City  of  New 
York;  and  the  consent  of  the  owners  of  a  majority  in 
value  of  the  property  along  such  streets  or  such  portions 
of  streets  as  are  included  in  the  portion  of  the  route  added 
as  aforesaid,  or  if  such  last  mentioned  consent  cannot  be 
obtained,  then  in  lieu  thereof,  the  determination  of  three 
commissioners  to  be  appointed  by  the  Appellate  Division 
of  the  Supreme  Court  duly  confirmed  by  the  said  Appel- 
late Division. 

The  plan  hereto  annexed  entitled  "Board  of  Rapid 
Transit  Railroad  Commissioners  for  the  City  of  New 
York;  Routes  and  General  Plan  adopted  by  resolution 


Ft.  Lee  Ferry  Connection.  427 

July  1 6,  1903,"  is  intended  to  illustrate  and  show  in  gen- 
eral the  addition  to  and  modification  of  the  said  original 
Routes  and  General  Plan  as  hereby  proposed. 

Utl  WltnC00  WberCOf,  This  contract  has  been 
executed  for  the  City  of  New  York,  by  its  Board  of  Rapid 
Transit  Railroad  Commissioners,  under  and  by  a  resolu- 
tion duly  adopted  by  said  Board,  concurred  in  by  more 
than  six  of  its  members,  and  the  seal  of  the  said  Board  has 
been  hereto  affixed  and  these  presents  signed  by  the  Presi- 
dent and  Secretary  of  the  said  Board,  and  the  said  John 
B.  McDonald  has  hereto  set  his  hand  and  seal  and  the  said 
Interborough  Rapid  Transit  Company  has  caused  its  cor- 
porate seal  to  be  hereto  affixed  and  attested  by  its  secre- 
tary, and  these  presents  to  be  signed  by  its  president, — all 
the  day  and  year  first  above  written. 

BOARD  OF  RAPID  TRANSIT  R.  R.  COMMIS- 
SIONERS FOR  THE  CITY  OF  NEW  YORK, 

By  A.  E.  ORR, 

PRESIDENT. 
BION  L.  BURROWS, 

SECRETARY. 
[SEAL.] 

JOHN  B.  MCDONALD, 

[SEAL.] 
INTERBOROUGH  RAPID  TRANSIT  CO., 

AUGUST  BELMONT, 

PRESIDENT. 
ATTEST  : 

H.  M.  FISHER, 

SEC.  pro  tern. 


428  Ft.  Lee  Ferry  Connection. 


STATE  OF  NEW  YORK, 
COUNTY  OF  NEW  YORK, 


On  this  first  day  of  October,  1903,  at  the  City  of  New 
York,  in  said  County,  before  me  personally  appeared  Alex- 
ander E.  Orr  and  Bion  L,.  Burrows,  to  me  known  and 
known  to  me  to  be,  the  said  Alexander  E.  Orr,  the  presi- 
dent, and  the  said  Bion  L.  Burrows,  the  secretary  of  the 
Board  of  Rapid  Transit  Railroad  Commissioners  for  the 
City  of  New  York;  and  the  said  Alexander  E.  Orr  and 
Bion  L.  Burrows,  being  by  me  duly  sworn,  did  depose  and 
say,  each  for  himself  and  not  one  for  the  other,  the  said 
Alexander  E.  Orr,  that  he  resided  in  the  Borough  cf 
Brooklyn,  in  the  said  City,  that  he  was  the  president  of  the 
said  Board,  and  that  he  subscribed  his  name  to  the  fore- 
going contract  by  virtue  of  the  authority  thereof ;  and  the 
said  Bion  L.  Burrows,  that  he  resided  in  the  Borough  of 
Brooklyn,  in  the  said  City  of  New  York,  that  he  was  the 
secretary  of  the  said  Board,  and  that  he  subscribed  his 
name  thereto  by  like  authority ;  and  both  the  said  Alexan- 
der E.  Orr  and  Bion  L.  Burrows  that  they  knew  the  seal 


Ft.  Lee  Ferry  Connection.  429 

of  the  said  Board  and  that  the  same  was  affixed  to  the 
foregoing  instrument  by  the  authority  of  the  said  Board 
and  of  a  resolution  duly  adopted  by  the  same. 

H.  A.  D.  HOLLMANN, 

[NOTARIAL]  NOTARY  PUBLIC  for 

[     SEAL.     ]  Kings  County,  N.  Y. 

Certificate  filed  in  New  York  County. 

STATE  OF  NEW  YORK,  ) 

>  ss  * 
COUNTY  OF  NEW  YORK,  j 

On  this  23d  day  of  September,  1903,  before  me  person- 
ally appeared  John  B.  McDonald,  to  me  known,  and 
known  to  me  to  be  the  individual  described  in  and  who 
executed  the  foregoing  contract,  and  he  acknowledged  to 
me  that  he  executed  the  same. 

A.  W.  ANDREWS   (39), 
[NOTARIAL]  NOTARY  PUBLIC, 

[    SEAL.     ]  N.  Y.  Co. 


430  Ft.  Lee  Ferry  Connection. 

STATE  OF  NEW  YORK, 


ss. '. 
COUNTY  OF  NEW  YORK, 

On  this  28th  day  of  September,  1903,  before  me  per- 
sonally appeared  August  Belmont,  to  me  known,  who  be- 
ing by  me  first  duly  sworn,  did  depose  and  say,  that  he  re- 
sided in  the  County  of  Nassau,  in  the  State  of  New  York ; 
that  he  is  President  of  Interborough  Rapid  Transit  Com- 
pany, the  corporation  described  in  and  which  executed  the 
foregoing  contract;  that  he  knew  the  corporate  seal  of 
said  company ;  that  one  of  the  seals  affixed  to  said  contract 
was  such  corporate  seal ;  that  it  was  affixed  thereto  by 
order  of  the  Board  of  Directors  of  said  Company,  and  that 
he  signed  his  name  thereto  by  like  authority. 

A.  W.  ANDREWS  (39), 
[NOTARIAL]  NOTARY  PUBLIC, 

[    SEAL.     ]  N.  Y.  Co. 


Ft.  Lee  Ferry  Connection.  431 

1Hnt>er0ignet>  being  the  sureties  of  John  B. 
McDonald,  the  Contractor  above  mentioned,  upon  the  con- 
tinuing bond  in  the  penalty  of  One  million  dollars 
($1,000,000)  and  the  bond  for  construction  and  equip- 
ment in  the  penalty  of  Five  million  dollars  ($5,000,000) 
hereby  consent  to  the  making  of  the  foregoing  instrument. 
Dated  New  York,  September  23d,  1903. 

RAPID  TRANSIT  SUBWAY 
CONSTRUCTION  CO., 

By  AUGUST  BELMONT, 

PRESIDENT. 
[SEAL.] 

AMERICAN  SURETY  COMPANY 
OF  NEW  YORK, 

DAVID  B.  SICKLES, 

VICE-PRESIDENT. 

HENRY  TOFTS, 
ASSISTANT  SECRETARY. 
[SEAL.] 

THE  UNITED  STATES  FIDELITY 
AND  GUARANTY  COMPANY, 

By  SYLVESTER  J.  O'SULLIVAN, 

MANAGER.- 

ATTEST  : 

G.  TERRY  SINCLAIR, 

ATTORNEY  IN  FACT. 
[SEAL.] 

PERRY  BELMONT.  [SEAL.] 


432  Ft.  Lee  Ferry  Connection. 

THE  CITY  TRUST,  SAFE  DEPOSIT  AND  SURE- 
TY COMPANY  OF  PHILADELPHIA, 

160  Broadway,  N.  Y. 
A.  T.  KIERNAN, 

VICE-PRESIDENT. 
P.  H.  MOONEY, 
ASST.  SECRETARY. 
[SEAL.] 

NATIONAL  SURETY  COMPANY, 

By  CHAS.  A.  DEAN, 

PRESIDENT. 
ATTEST  : 

BALLARD  McCALL, 

SECRETARY. 
[SEAL.] 

STATE  OF  NEW  YORK.    ) 

>  ss  * 
COUNTY  OF  NEW  YORK,  j 

On  this  28th  day  of  September,  1903,  before  me  per- 
sonally appeared  Perry  Belmont,  to  me  known  and  known 
to  me  to  be  the  individual  described  in  and  who  executed 
the  foregoing  consent,  and  he  acknowledged  to  me  that  he 
executed  the  same. 

A.  W.  ANDREWS  (39), 
[NOTARIAL]       .  NOTARY  PUBLIC, 

[     SEAL.     ]  N.  Y.  Co. 


Ft.  Lee  Ferry  Connection.  433 

STATE  OF  NEW  YORK, 


/ss. ' 

(JOUNTY  OF  iMEW   YORK 


il 

On  this  28th  day  of  September,  1903,  before  me  person- 
ally appeared  Sylvester  J.  O' Sullivan,  to  me  known,  who 
being  by  me  first  duly  sworn,  did  depose  and  say  that  he 
was  the  Manager  of  The  United  States  Fidelity  &  Guaran- 
ty Company,  the  corporation  of  the  name  described  in  and 
which  executed  the  foregoing  consent;  that  he  knew  the 
corporate  seal  of  said  company ;  that  one  of  the  seals  af- 
fixed to  said  consent  was  such  corporate  seal ;  that  it  was 
affixed  thereto  by  order  of  the  Board  of  Directors  of  such 
company,  and  that  he  signed  his  name  thereto  by  like  au- 
thority. And  also  on  the  29th  day  of  September,  1903, 
before  me  personally  appeared  Adrian  T.  Kiernan,  to  me 
known,  who  being  by  me  first  duly  sworn,  did  depose  and 
say  that  he  was  the  Vice-President  of  The  City  Trust,  Safe 
Deposit  and  Surety  Company  of  Philadelphia,  the  cor- 
poration of  that  name  described  in  and  which  executed  the 
foregoing  consent ;  that  he  knew  the  corporate  seal  of  said 
company ;  that  one  of  the  seals  affixed  to  said  consent  was 
such  corporate  seal ;  that  it  was  affixed  thereto  by  order  of 
the  Board  of  Directors  of  such  company,  and  that  he 


434  Ft-  Lee  Ferry  Connection. 

signed  his  name  thereto  by  like  authority.  And  also,  on 
the  28th  day  of  September,  1903,  before  me  personally  ap- 
peared David  B.  Sickles,  to  me  known,  who  being  by  me 
first  duly  sworn,  did  depose  and  say  that  he  was  the  Vice- 
President  of  American  Surety  Company  of  New  York, 
the  corporation  of  that  name  described  in  and  which  exe- 
cuted the  foregoing  consent;  that  he  knew  the  corporate 
seal  of  said  company ;  that  one  of  the  seals  affixed  to  said 
consent  was  such  corporate  seal ;  that  it  was  affixed  there- 
to by  order  of  the  Board  of  Directors  of  such  company, 
and  that  he  signed  his  name  thereto  by  like  authority. 
And  also,  on  the  2Qth  day  of  September,  1903,  before  me 
personally  appeared  Charles  A.  Dean,  to  me  known,  who 
being  by  me  first  duly  sworn,  did  depose  and  say  that  he 
was  the  President  of  National  Surety  Company  of  New 
York,  the  corporation  of  that  name  described  in  and  which 
executed  the  foregoing  consent;  that  he  knew  the  cor- 
porate seal  of  said  company ;  that  the  seal  affixed  to  said 
consent  was  such  corporate  seal ;  that  it  was  affixed  thereto 
by  order  of  the  Board  of  Directors  of  such  company,  and 
that  he  signed  his  name  thereto  by  like  authority.  And 


Ft.  Lee  Ferry  Connection.  435 

also  on  the  28th  day  of  September,  1903,  before  me  per- 
sonally appeared  August  Belmont,  to  me  known,  who  be- 
ing by  me  first  duly  sworn,  did  depose  and  say  that  ne 
was  the  President  of  Rapid  Transit  Subway  Construction 
Company,  the  corporation  of  that  name  described  in  and 
which  executed  the  foregoing  consent;  that  he  knew  the 
corporate  seal  of  said  company ;  that  the  seal  affixed  to 
said  consent  was  such  corporate  seal ;  that  it  was  affixed 
thereto  by  order  of  the  Board  of  Directors  of  such  com- 
pany, and  that  he  signed  his  name  thereto  by  like  authority. 
A.  W.  ANDREWS  (39), 

[NOTARIAL]  NOTARY  PUBLIC, 

[     SEAL.     ]  N.  Y.  Co. 


436  Ft.  Lee  Ferry  Connection. 

Approval  by  Corporation  Counsel. 

THE  FOREGOING  CONTRACT   is  HEREBY  APPROVED 
AS  TO  FORM. 

Dated,  New  York,  September  i8th,  1903. 

G.  L.  RIVES, 
CORPORATION  COUNSEL. 


Ft.  Lee  Ferry  Connection.  437 

Copy  Resolution  of  16tli  July,  19O3. 

WHEREAS,  This  Board  did,  on  the  I4th  day  of  January, 
1897,  and  4th  day  of  February,  1897,  adopt  certain  Routes 
and  General  Plan  for  a  rapid  transit  railroad  in  the  City 
of  New  York,  a  copy  of  which  is  hereto  annexed  entitled 
"Copy  Routes  and  General  Plan" :  and 

WHEREAS,  The  said  Routes  and  General  Plan  were  af- 
terward duly  approved  by  the  municipal  authorities  of  the 
City  of  New  York,  and  were  duly  consented  to  by  com- 
missioners appointed  by  the  Appellate  Division  of  the  Su- 
preme Court,  which  consent  was  duly  confirmed  by  the 
said  Appellate  Division,  in  lieu  of  the  consent  of  the  own- 
ers of  a  majority  in  value  of  the  property  along  said 
routes ;  and 

WHEREAS,  Thereafter,  and  on  or  about  the  2ist  day  of 
February,  1900,  the  City  of  New  York  did  by  this  Board 
enter  into  a  certain  contract  with  John  B.  McDonald  for 
the  construction  and  operation  of  the  said  rapid  transit 
railroad :  and 

WHEREAS,  By  written  instrument  bearing  date  the  loth 
day  of  July,  1902,  the  said  John  B.  McDonald  with  the 
written  consent  of  this  Board  concurred  in  by  six  mem- 
bers thereof  duly  assigned  the  right  or  obligation  to  main- 
tain and  operate  the  said  rapid  transit  railroad  for  the  term 
of  years  specified  in  the  said  contract  and  all  rights  in- 
cluded in  the  leasing  provisions  of  the  said  contract  to- 
gether with  the  obligation  to  provide  equipment  for  the 
said  railroad,  unto  Interborough  Rapid  Transit  Company, 
which  Company  also  guaranteed  the  performance  by  the 
said  John  B.  McDonald  as  such  contractor,  of  the  pro- 
visions of  his  said  contract  not  so  assigned  to  it :  and 

WHEREAS,  It  is  the  interest  of  the  City  of  New  York, 
and,  in  the  opinion  of  the  said  John  B.  McDonald,  it  is 
likewise  in  his  interest  as  such  contractor,  and  he  desires 
that  said  Routes  and  General  Plan  shall  be  changed  in  th^ 
respect  hereinafter  mentioned,  but  without  other  change 
in  the  said  Routes  and  General  Plan  ;  now  therefore  it  is 


438  Ft.  Lee  Ferry  Connection. 

RESOLVED,  That,  subject  to  the  consents  and  approvals 
to  be  first  obtained  as  in  these  resolutions  hereinafter  men- 
tioned, the  said  Routes  and  General  Plan  heretofore 
adopted  by  this  Board  be,  and  they  hereby  are  modified 
by  adding  to  the  said  routes  the  following,  to  wit : 

"And  also  a  branch  or  spur  extending  from  the  line  cf 
the  route  aforesaid  on  Broadway  (formerly  the  Boule- 
vard), at  a  point  about  one  hundred  (100)  feet  northerly 
from  the  north  line  of  One  Hundred  and  Twenty-fifth 
street ;  and  thence  extending"  northerly  along  and  over 
Broadway  (being  in  addition  to  the  tracks  hereinbefore 
originally  provided  along  such  portion  of  Broadway)  to 
Manhattan  street;  thence  westerly  along  and  over  Man- 
hattan street  and  under  the  Manhattan  viaduct  and  over 
and  across  the  tracks  of  the  New  York  Central  &  Hudson 
River  Railroad,  West  One  Hundred  and  Thirtieth  street 
and  the  exterior  or  bulkhead  street  to  the  ferry  house  at 
the  foot  of  West  One  Hundred  and  Thirtieth  street,  to- 
gether with  proper  connections  by  necessary  and  suitable 
switches,  tracks  and  otherwise,  with  the  rapid  transit  rail- 
road originally  described  in  said  Routes  and  General  Plan, 
at  and  north  of  One  Hundred  and  Twenty-fifth  street,  and 
also  including  proper  connections  by  stairways  and  other- 
wise with  the  said  ferry  house. 

"The  general  plan  of  construction  of  the  portion  of  the 
route  hereby  added  shall  be  by  elevated  structure  of  the 
same  character  and  to  be  constructed  in  the  same  manner 
as  is  hereinbefore  provided  for  the  elevated  portion  of  the 
rapid  transit  railroad  over  and  along  Broadway  (the 
Boulevard)  at  One  Hundred  and  Twenty-fifth  street. 
There  shall  be  at  least  two  parallel  tracks  with  the  right  at 
any  time  to  add  a  third  track  in  the  discretion  of  the  Board 
of  Rapid  Transit  Railroad  Commissioners.  The  said  con- 
nections, switches  and  tracks  shall  be  so  constructed  as  to 
make  convenient  the  running  of  trains  without  change  be- 
tween the  portions  of  the  said  rapid  transit  railroad  over 
and  along  Broadway  (the  Boulevard)  south  of  One  Hun- 
dred and  Twenty-fifth  street  and  the  part  on  Manhattan 
street  hereby  provided  for.  Stations  and  station  ap- 


Ft.  Lee  Ferry  Connection.  439 

preaches  may  be  built  at  the  intersection  of  Broadway  and 
Manhattan  street,  and  also  at  the  terminus  of  the  addition 
hereby  adopted  at  the  foot  of  West  One  Hundred  and 
Thirtieth  street  or  elsewhere  upon  the  said  addition  as 
the  Board  of  Rapid  Transit  Railroad  Commissioners  may 
decide." 

In  all  other  respects  the  provisions  of  the  said  general 
plan  of  construction  adopted  January  I4th  and  February 
4th,  1897,  shall  be  applicable  to  the  portion  of  the  route 
hereby  added ;  and  it  is  further 

RESOLVED  that,  Whereas  this  Board  has  duly  made  the 
inquiries  and  investigation  necessary  or  proper  in  the 
premises,  and  has  determined  that  the  modification  afore- 
said of  the  said  Routes  and  General  Plan  are  necessary  for 
the  interests  of  the  public  and  of  the  City  of  New  York 
and  should  be  established  as  herein  provided,  this  Board 
does  hereby  determine  and  establish  the  said  Routes  and 
General  Plan  as  hereby  modified,  subject  to  the  consents 
and  approvals  to  be  first  obtained  as  hereinafter  men- 
tioned ;  and  it  is  further 

RESOLVED,  That  the  said  modifications  of  Routes  and 
General  Plans  shall  take  effect  only  upon  and  after  the 
following  consents  and  approvals  thereto  shall  be  duly 
had,  to  wit : 

1.  The  consent  of  the  Board  of  Aldermen  of  The  City 
of  New  York. 

2.  The  consent  of  the  Mayor  of  The  City  of  New  York. 

3.  The  consent  of  the  owners  of  a  majority  in  value  of 
the  property  along  streets  or  such  portions  of  streets  as  are 
included  in  the  portion  of  the  routes  added  as  aforesaid ; 
or,  if  such  consents  cannot  be  obtained,  then,  in  lieu  there- 
of, the  determination  of  three  commissioners  to  be  ap- 
pointed by  the  Appellate  Division  of  the  Supreme  Court, 
duly  confirmed  by  the  said  Appellate  Division. 


440  Ft.  Lee  Ferry  Connection. 

4.  The  consent  of  the  said  John  B.  McDonald,  contrac- 
tor, and  of  his  sureties,  as  follows :  Rapid  Transit  Subway 
Construction  Company;  The  United  States  Fidelity  and 
Guaranty  Company;  The  City  Trust,  Safe  Deposit  and 
Surety  Company  of  Philadelphia ;  American  Surety  Com- 
pany of  New  York ;  National  Surety  Company,  and  Perry 
Belmont,  and  also  of  Interborough  Rapid  Transit  Com- 
pany. 

It  is  further  RESOLVED,  That  this  Board  hereby  adopts 
the  drawing  now  produced  and  entitled  "Board  of  Rapid 
Transit  Railroad  Commissioners  for  the  City  of  New 
York:  Routes  and  General  Plan  adopted  by  Resolution, 
July  16,  1903,"  as  showing  in  general  the  additions  to  and 
modifications  of  the  original  Routes  and  General  Plan 
hereby  adopted. 

[Drawing  annexed  to  Original  Agreements.] 


The  City  of  New  York 

By  its  Rapid  Transit  Board, 


WITH 

i 

John    B.  flcDonald, 

Contractor, 
and 

Interborough   Rapid  Transit 
Company. 


AQREEflENT 

Modifying    Contract    for    Construction    and 

Operation  of  Rapid  Transit  Railroad. 

WESTCHBSTER    AVENUE 


Dated,  July  i6th,  1903. 


Connection  With  Manhattan  Road.  445 

made  this  :6th  day  of  July,  in  the  year 
Nineteen  hundred  and  three,  between  THE  CITY  OF  NEW 
YORK  (hereinafter  called  the  City),  acting  by  the  Board 
of  Rapid  Transit  Railroad  Commissioners  for  the  City  of 
New  York  (hereinafter  called  the  Board),  party  of  the 
first  part,  and  JOHN  B.  McDoNAU),  of  The  City  of  New 
York  (hereinafter  called  the  Contractor),  and  Interbor- 
ough  Rapid  Transit  Company,  parties  of  the  second  part, 

WlTNESSETH  : 

WHEREAS,  Heretofore  and  on  the  I4th  day  of  January, 
1897,  and  the  4th  day  of  February,  1897,  the  Board  adopt- 
ed certain  Routes  and  General  Plan  for  a  rapid  transit 
railroad  in  the  City  of  New  York,  a  portion  of  which  in 
the  Borough  of  the  Bronx  extends  from  under  the  Har- 
lem River  under  private  property  to  East  One  Hundred 
and  Forty-ninth  street  at  or  near  its  intersection  with 
River  avenue ;  thence  under  East  One  Hundred  and  For- 
ty-ninth street  &  a  point  near  its  intersection  with  Third 
avenue ;  thence  with  a  curve  to  the  left  and  under  Third 
avenue  to  a  point  near  its  intersection  with  Westchester 
avenue;  thence  with  a  curve  to  the  right  to  and  under 


446  Connection  With  Manhattan  Road. 

Westchester  avenue;  and  thence  by  viaduct  over  and 
along  Westchester  avenue  to  the  Southern  Boulevard  and 
thence  further  to  the  north  on  the  easterly  branch  of  the 
said  rapid  transit  railroad ;  and 

WHEREAS.,  Heretofore  and  on  or  about  the  2ist  day  of 
February,  1900,  the  City,  acting  by  the  Board,  entered 
into  a  contract  with  the  Contractor  for  the  construction 
and  operation  of  the  said  Rapid  Transit  Railroad  in  the 
City  of  New  York  and  otherwise,  as  therein  mentioned, 
the  said  contract  being  hereinafter  styled  the  Contract  for 
Construction  and  Operation ;  and 

WHEREAS,  The  Contractor  has  deposited  with  the 
Comptroller  of  the  City  certain  security  for  the  perform- 
ance of  the  said  Contract  for  Construction  and  Operation 
on  his  part  and  has  given  certain  bonds  as  further  security 
for  such  performance  and  upon  such  bonds  there  are  sure- 
ties as  follows :  Rapid  Transit  Subway  Construction  Com- 
pany, The  United  States  Fidelity  &  GuaVanty  Company, 
The  City  Trust,  Safe  Deposit  &  Surety  Company  of  Phila- 
delphia, American  Surety  Company  of  New  York,  Na- 
tional Surety  Company,  and  Perry  Belmont;  and 


Connection  With  Manhattan  Road.  447 

,  By  written  instrument  bearing  date  the  tenth 
day  of  July,  1902,  the  Contractor,  with  the  written  consent 
of  the  Board,  concurred  in  by  six  members  thereof,  duly 
assigned  the  right  or  obligation  to  maintain  and  operate 
the  said  Rapid  Transit  Railroad  for  the  term  of  years 
specified  in  the  said  contract  and  all  rights  included  in 
the  leasing  provisions  of  the  said  contract,  together  with 
the  obligation  to  provide  equipment  for  the  said  railroad, 
unto  Interborough  Rapid  Transit  Company,  which  Com- 
pany also  guaranteed  the  performance  by  the  Contractor 
of  the  provisions  of  his  said  contract  not  so  assigned  to 
it;  and 

WHEREAS,  It  is  in  said  Contract  for  Construction  and 
Operation  provided  that  the  said  Board  of  Rapid  Transit 
Railroad  Commissioners  shall  have  the  right  to  require 
additional  work  to  be  done  or  additional  materials  to  be 
furnished  or  both,  within  the  general  purview  of  a  rapid 
transit  railroad  as  therein  described,  the  reasonable  value 
of  which  should  be  additionally  paid  to  the  Contractor; 
and 

WHEREAS,  The  Contractor  desires,  and  the  Board  ap- 


448  Connection  With  Manhattan  Road. 

proves,  a  modification  of  the  Routes  and  General  Plan  for 
the  Rapid  Transit  Railroad  referred  to  in  the  said  Con- 
tract for  Construction  and  Operation  as  set  forth  in  cer- 
tain resolutions  adopted  by  the  Board  on  the  i6th  day  of 
July,  1903,  a  copy  of  which  is  hereto  annexed,  in  order  to 
provide  for  an  addition  to  the  said  Routes  and  General 
Plan,  as  in  said  resolutions  and  herein  described,  — 


t  in  consideration  of  the  prem- 
ises, but  subject  to  the  consents  hereinafter  provided,  it 
is  aCjreCb  that  the  said  Contract  for  Construction 
and  Operation  and  the  Routes  and  General  Plan  there- 
in contained  be,  and  the  same  are  hereby  modified  by 
adding  to  the  said  Routes  and  General  Plan  the  words 
following,  to  wit  : 

"And  also  a  branch  or  spur  extending  from  the 
"line  of  the  route  aforesaid  on  Westchester  avenue 
"at  a  point  at  or  near  the  intersection  of  St.  Ann's 
"avenue  and  Westchester  avenue  and  extending  west- 
"erly  along  Westchester  avenue  (being  in  addition 
"to  the  tracks  hereinbefore  originally  provided  over 
"and  along  such  portion  of  Westchester  avenue)  to 
"near  Third  avenue,  and  from  Westchester  avenue 
"turning  southerly  into  Third  avenue  to  a  point  con- 
"venient  for  connection  with  the  railroad  of  the  Man- 
hattan Railway  Company  over  Third  avenue,  to- 
gether with  proper  connections  by  necessary  and 


Connection  With  Manhattan  Road.  449 

"suitable  switches,  tracks  and  otherwise,  with  the 
"rapid  transit  railroad  aforesaid  at  or  near  the  inter- 
jection of  St.  Ann's  avenue  and  Westchester  ave- 
"nue  aforesaid,  and  also  together  with  proper  con- 
fections by  necessary  and  suitable  switches,  tracks 
"and  otherwise  with  the  said  railroad  of  the  Man- 
hattan Railway  Company  upon  Third  avenue. 

"The  general  plan  of  construction  of  the  route 
"hereby  added  shall  be  by  elevated  structure  of  the 
"same  character  and  to  be  constructed  in  the  same 
"manner  as  is  hereinbefore  provided  for  the  elevated 
"portion  of  the  rapid  transit  railroad  over  and  along 
"Westchester  avenue.  There  shall  be  at  least  two 
"parallel  tracks  with  the  right  at  any  time  to  add  a 
"third  track  in  the  discretion  of  the  Board  of  Rapid 
"Transit  Railroad  Commissioners.  The  said  connec- 
"tions,  switches  and  tracks  shall  be  so  constructed 
"as  not  to  interfere  with  the  convenience  of  running 
"trains  without  change  between  the  portion  of  the 
"said  rapid  transit  railroad  over  and  along  Westches- 
"ter  avenue  and  east  of  St.  Ann's  avenue  and  the 
"portion  of  the  said  rapid  transit  railroad  running 
"from  St.  Ann's  avenue  westerly  along  Westchester 
"avenue,  and  turning  thence  southwesterly  towards 
"and  into  East  One  Hundred  and  Forty-ninth  street, 
"and  as  to  make  convenient  the  running  of  trains 
"without  change  between  such  portion  of  the  said 
"rapid  transit  railroad  lying  east  of  St.  Ann's  avenue 
"and  the  said  elevated  railroad  of  the  Manhattan 
"Railway  Company. 

"In  all  other  respects  the  provisions  of  the  said 
"general  plan  of  construction  adopted  January  I4th 
"and  February  4th,  1897,  shall  be  applicable  to  the 
"portion  of  the  route  hereby  added." 


Hnfc  it  10  berety?  further  a$reefc  that  the 

said  contract  be  and  the  same  shall  hereafter  be  deemed 
to  be  so  modified  as  that  the  portion  of  the  rapid  transit 


45°  Connection  With  Manhattan  Road. 

railroad  added  by  the  modification  aforesaid  of  the  Routes 
and  General  Plan  shall  in  all  respects,  except  as  herein 
otherwise  expressly  provided,  be  deemed  to  be  part  of  the 
rapid  transit  railroad  originally  described  in  the  said  con- 
tract hereby  modified,  Provided,  however,  that  the  fre- 
quency of  train  service  upon  the  said  portion  of  the  rapid 
transit  railroad  so  added  by  the  said  modification  shall, 
from  time  to  time,  be  determined  by  the  Board,  Provided, 
further,  however,  that  the  frequency  of  such  service  shall 
in  no  case  be  required  to  be  greater  than  is  in  said  contract 
provided  for  service  upon  the  remainder  of  the  said  rapid 
.transit  railroad. 

Hnfc  it  is  berebp  furtber    aoreefc  that 

the  reasonable  value  of  constructing  that  portion  of  the 
rapid  transit  railroad  upon  the  said  additional  route  and 
including  all  of  the  said  connections,  switches,  tracks  and 
all  appurtenances  of  such  addition  to  the  said  rapid  tran- 
sit railroad  shall,  be  deemed  a  part  of  the  cost  of  con- 
structing said  rapid  transit  railroad,  and  shall  be  ascer- 
tained and  determined  and  paid  to  the  Contractor  in  the 
manner  provided  in  the  contract  for  the  construction  and 
operation  of  said  rapid  transit  railroad  in  addition  to  the 


Connection  With  Manhattan  Road.  451 

amounts  in  said  contract  originally  agreed  to  be  paid  unto 
said  Contractor,  and  that  such  additional  amounts  so  paid. 
together  with  all  sums  which  the  City  shall  be  required  to 
pay  for  right  of  way  or  any  other  easements  or  rights  nec- 
essary to  be  purchased,  condemned  or  otherwise  acquired 
for  the  construction  or  operation  of  the  said  portion  of 
railroad  added  by  the  modification  aforesaid,  shall  be  in- 
cluded in  the  total  cost  of  the  construction  of  the  said 
railroad  in  determining  the  amount  of  rental  to  be  paid 
under  said  contract  in  like  manner  as  if  said  additional 
route  had  been  originally  authorized  therein. 


however,  and  it  is  expressly  AGREED, 
That  this  agreement  shall  take  effect  if  and  when  and 
only  when  the  following  consents  shall  have  been  duly 
had,  to  wit: 

The  consents  as  subjoined  of  Rapid  Transit  Subway 
Construction  Company.  The  United  States  Fidelity  & 
Guaranty  Company,  The  City  Trust,  Safe  Deposit  & 
Surety  Company  of  Philadelphia,  American  Surety  Com- 
pany of  New  York,  National  Security  Company,  and  Perry 
Behnont;  and 


452  Connection  With  Manhattan  Road. 

jprOVifrCb,  further,  however,  and  it  is  expressly 
agreed,  that  this  agreement  shall  take  effect  if  and  when, 
and  only  when,  in  addition  to  the  consents  aforesaid,  there 
shall  be  duly  executed  and  delivered  in  form  satisfactory 
to  the  Board  an  agreement  under  seal  between  the  City, 
the  said  John  B.  McDonald,  the  said  Interborough  Rapid 
Transit  Company  and  the  Manhattan  Railway  Companv 
providing  and  assuring  that,  during  the  period  of  the 
lease  contained  in  the  said  contract  between  the  City  and 
John  B.  McDonald  made  on  or  about  the  2ist  day  of 
February,  1900,  and  every  renewal  or  extension  thereof, 
any  passenger  upon  the  said  rapid  transit  railroad  travel- 
ing along  Westchester  avenue  from  the  north  as  far  as 
St.  Ann's  avenue,  shall  have  the  right  as  part  of  the  same 
trip  and- without  additional  fare,  to  be  carried  thence  upon 
the  portions  of  the  rapid  transit  railroad  hereby  added  to 
the  railroad  of  the  Manhattan  Railway  Company  along 
Third  avenue,  and  thence  southerly  upon  the  railroad  of 
the  Manhattan  Railway  Company  to  any  point  upon  the 
said  railroad  south  of  the  intersection  of  the  said  Third 
avenue  and  Westchester  avenue,  and  that  any  passenger 


Connection  With  Manhattan  Road.  453 

upon  the  said  railroad  of  the  Manhattan  Railway  Com- 
pany traveling  northerly  along  said  Third  avenue:  as  far 
as  Westchester  avenue,  shall  have  the  right,  as  part  of  the 
same  trip  and  without  additional  fare,  to  be  carried  east- 
erly upon  the  portion  of  the  rapid  transit  railroad  hereby 
added  along  Westchester  avenue  to  St.  Ann's  avenue, 
and  thence  continuing  easterly  or  northerly  to  any  point 
upon  the  eastern  branch  of  the  rapid  transit  railroad  as 
described  in  the  said  Routes  and  General  Plan  ;  and 


t  further,  however,  and  it  is  expressly 
agreed,  that  this  agreement  shall  take  effect  if  and  when, 
and  only  when,  the  following  consents  shall  have  been 
duly  given  to  the  said  resolutions  adopted  by  the  Board 
on  the  i6th  day  of  July,  1903,  a  copy  of  which  is  hereto 
annexed,  providing  for  the  said  addition  to  said  Routes 
and  General  Plan  ;  the  consent  of  the  Board  of  Aldermen 
of  the  City  of  New  York  ;  the  consent  of  the  Mayor  of  the 
City  of  New  York;  and  the  consent  of  the  owners  of  a 
majority  in  value  of  the  property  along  such  streets  or 
such  portions  of  streets  as  are  included  in  the  portion  of 
the  route  added  as  aforesaid,  or  if  such  last  mentioned 


454  Connection  With  Manhattan  Road. 

consent  cannot  be  obtained,  then  in  lieu  thereof,  the  de- 
termination of  three  commissioners  to  be  appointed  by  the 
Appellate  Division  of  the  Supreme  Court  duly  confirmed 
by  the  said  Appellate  Division. 

The  plan  hereto  annexed  entitled  "Board  of  Rapid 
Transit  Railroad  Commissioners  for  the  City  of  New 
York;  Routes  and  General  Plan  adopted  by  resolution 
July  16,  1903,"  is  intended  to  illustrate  and  show  in  gen- 
eral the  addition  to  and  modification  of  the  said  original 
Routes  and  General  Plan  as  hereby  proposed. 

Hit  Witne00  WbCrCOf,  This  contract  has  been 
executed  for  the  City  of  New  York,  by  its  Board  of 
Rapid  Transit  Railroad  Commissioners,  under  and  by  a 
resolution  duly  adopted  by  said  Board,  concurred  in  by 
more  than  six  of  its  members,  and  the  seal  of  the  said 
Board  has  been  hereto  affixed  and  these  presents  signed 
by  the  President  and  Secretary  of  the  said  Board,  and  the 
said  John  B.  McDonald  has  hereto  set  his  hand  and  seal 
and  the  said  Interborough  Rapid  Transit  Company  has 
caused  its  corporate  seal  to  be  hereto  affixed  and  attested 


Connection  With  Manhattan  Road.  455 

by  its  secretary,  and  these  presents  to  be  signed  by  its 
president, — all  the  day  and  year  first  above  written. 

BOARD    OF    RAPID   TRANSIT    R.    R.    COMMIS- 
SIONERS FOR  THE  CITY  OF  NEW  YORK, 

By  A.  E.  ORR, 

PRESIDENT. 

BION  L.  BURROWS, 

SECRETARY. 
[SEAL.] 

JOHN  B.  MCDONALD, 

[SEAL.] 

INTERBOROUGH  RAPID  TRANSIT  CO. 
AUGUST  BELMONT, 

PRESIDENT. 
[SEAL.] 
ATTEST  : 

H.  M.  FISHER, 

SEC.  pro  tern, 


456  Connection  With  Manhattan  Road. 

STATE  OF  NEW  YORK, 


ss  ' 
COUNTY  OF  NEW  YORK,  r 


On  this  first  day  of  October,  1903,  at  the  City  of  New 
York,  in  said  County,  before  me  personally  appeared  Alex- 
ander E.  Orr  and  Bion  L.  Burrows,  to  me  known  and 
known  to  me  to  be,  the  said  Alexander  E.  Orr,  the  presi- 
dent, and  the  said  Bion  L.  Burrows,  the  secretary  of  the 
Board  of  Rapid  Transit  Railroad  Commissioners  for  the 
City  of  New  York ;  and  the  said  Alexander  E.  Orr  and 
Bion  L.  Burrows,  being  by  me  duly  sworn,  did  depose  and 
say,  each  for  himself  and  not  one  for  the  other,  the  said 
Alexander  E.  Orr,  that  he  resided  in  the  Borough  of 
Brooklyn,  in  the  said  City,  that  he  was  the  president  of 
the  said  Board,  and  that  he  subscribed  his  name  to  the 
foregoing  contract  by  virtue  of  the  authority  thereof ;  and 
the  said  Bion  L.  Burrows,  that  he  resided  in  the  Borough 
of  Brooklyn,  in  the  said  City  of  New  York,  that  he  was 
the  secretary  of  the  said  Board,  and  that  he  subscribed  his 
name  thereto  by  like  authority;  and  both  the  said  Alex- 
ander E.  Orr  and  Bion  L.  Burrows  that  they  knew  the 


Connection  With  Manhattan  Road.  457 

seal  of  the  said  Board  and  that  the  same  was  affixed  to 
the  foregoing  instrument  by  the  authority  of  the  said 
Board  and  of  a  resolution  duly  adopted  by  the  same. 

H.  A.  D.  HOLLMANN, 

[NOTARIAL]  NOTARY  PUBLIC  FOR 

[     SEAL.     ]  Kings  County,  N.  Y. 

Certificate  filed  in  New  York  Count  v. 


STATE  OF  NEW  YORK,    ) 

>  ss  * 
COUNTY  OF  NEW  YORK,  j  " 

On  this  23d  day  of  September,  1903,  before  me  person- 
ally appeared  John  B.  McDonald,  to  me  known  and  known 
to  me  to  be  the  individual  described  in  and  who  executed 
the  foregoing  contract,  and  he  acknowledged  to  me  that 
he  executed  the  same. 

A.  W.  ANDREWS  (39), 
[NOTARIAL]  NOTARY  PUBLIC, 

[     SEAL.     ]  N.  Y.  Co. 


458  Connection  With  Manhattan  Road. 

STATE  OF  NEW  YORK, 


ss  * 
COUNTY  OF  NEW  YORK, 

On  this  28th  day  of  September,  1903,  before  me  person- 
ally appeared  August  Belmont,  to  me  known,  who  being 
by  me  first  duly  sworn,  did  depose  and  say,  that  he  resided 
in  the  County  of  Nassau,  in  the  State  of  New  York ;  that 
he  is  President  of  Interborough  Rapid  Transit  Company, 
the  corporation  described  in  and  which  executed  the  fore- 
going contract ;  that  he  knew  the  corporate  seal  of  said 
Company;  that  one  of  the  seals  affixed  to  said  contract 
was  such  corporate  seal ;  that  it  was  affixed  thereto  by  or- 
der of  the  Board  of  Directors  of  said  Company,  and  that 
he  signed  his  name  thereto  by  like  authority. 

A.  W.  ANDREWS   (39), 

[NOTARIAL]  NOTARY  PUBLIC, 

[     SEAL.     ]  N.  Y.  Co. 


Connection  With  Manhattan  Road.  459 

ZTbC  "\Hnber0ignet),  being  the  sureties  of  John  B. 
McDonald,  the  Contractor  above  mentioned,  upon  the  con- 
tinuing bond  in  the  penalty  of  One  million  dollars 
($1,000,000)  and  the  bond  for  construction  and  equip- 
ment in  the  penalty  of  Five  million  dollars  ($5,000,000) 
hereby  consent  to  the  making  of  the  foregoing  instrument. 

Dated  New  York,  September  23d,  1903. 

RAPID  TRANSIT  SUBWAY 
CONSTRUCTION  CO., 

By  AUGUST  BELMONT, 

PRESIDENT. 
[SEAL.] 

AMERICAN  SURETY  COMPANY 
OF  NEW  YORK, 

DAVID  B.  SICKLES,  • 

VICE-PRESIDENT. 

HENRY  TAFTS, 
ASSISTANT  SECRETARY. 
[SEAL.] 

THE  UNITED  STATES  FIDELITY 
AND  GUARANTY  COMPANY, 

By  SYLVESTER  J.  O'SULLIVAN, 

MANAGER. 
ATTEST: 

G.  TERRY  SINCLAIR, 

ATTORNEY  IN  FACT. 
[SEAL.] 

PERRY  BELMONT. 

[SEAL.] 


460  Connection  With  Manhattan  Road. 

THE  CITY  TRUST,  SAFE  DEPOSIT  AND 

SURETY  COMPANY  OF  PHILADELPHIA, 

i6g  Broadway,  N.  Y. 

A.  T.  KIERNAN, 

VICE-PRESIDENT. 

P.  H.  MOONEY, 

ASST.  SECRETARY. 
(SEAL.] 

NATIONAL  SURETY  COMPANY, 

By  CHAS.  A.  DEAN, 

PRESIDENT. 

ATTEST  : 

BALLARD  McCALL, 

SECRETARY. 
[SEAL.] 


STATE  OF  NEW  YORK,   ) 
COUNTY  OF  NEW  YORK,  j  " 

On  this  28th  day  of  September,  1903,  before  me  per- 
sonally appeared  Perry  Belmont,  to  me  known  and  known 
to  me  to  be  the  individual  described  in  and  who  executed 
the  foregoing  consent,  and  he  acknowledged  to  me  that  he 
executed  the  same. 

A.  W.  ANDREWS  (39), 

[NOTARIAL]  NOTARY  PUBLIC 

[     SEAL.     ]  N.  Y.  Co. 


Connection  With  Manhattan  Road.  461 

\ 

STATE  OF  NEW  YORK.    ) 

>  ss  ° 
COUNTY  OF  NEW  YORK,  j 

On  the  28th  day  of  September,  1903,  before  me  person- 
ally appeared  Sylvester  J.  O' Sullivan,  to  me  known,  who 
being  by  me  first  duly  sworn,  did  depose  and  say  that  he 
was  the  Manager  of  the  United  States  Fidelity  &  Guaran- 
ty Company,  the  corporation  of  that  name  described  in 
and  which  executed  the  foregoing  consent;  that  he  knew 
the  corporate  seal  of  said  company ;  that  one  of  the  seals 
affixed  to  said  consent  was  such  corporate  seal ;  that  it  was 
affixed  thereto  by  order  of  the  Board  of  Directors  of  such 
company,  and  that  he  signed  his  name  thereto  by  like  au- 
thority. And  also  on  the  2Qth  day  of  September,  1903, 
before  me  personally  appeared  Adrian  T.  Kiernan,  to  me 
known,  who  being  by  me  first  duly  sworn,  did  depose  and 
say  that  he  was  the  Vice-President  of  The  City  Trust, 
Safe  Deposit  and  Surety  Company  of  Philadelphia,  the 
corporation  of  that  name  described  in  and  which  executed 
the  foregoing  consent ;  that  he  knew  the  corporate  seal  of 
said  company ;  that  one  of  the  seals  affixed  to  said  consent 
was  such  corporate  seal ;  that  it  was  affixed  thereto  by  or- 


462  Connection  With  Manhattan  Road. 

der  of  th£  Board  of  Directors  of  said  company,  and  that 
he  signed  his  name  thereto  by  like  authority.  And  also, 
on  the  28th  day  of  September,  1903,  before  me  personally 
appeared  David  B.  Sickles,  to  me  known,  who  being  by  me 
first  duly  sworn,  did  depose  and  say  that  he  was  the  Vice- 
President  of  American  Surety  Company  of  New  York, 
the  corporation  of  that  name  described  in  and  which  exe- 
cuted the  foregoing  consent;  that  he  knew  the  corporate 
seal  of  said  company ;  that  one  of  the  seals  affixed  to  said 
consent  was  such  corporate  seal ;  that  it  was  affixed  there- 
to by  order  of  the  Board  of  Directors  of  such  company, 
and  that  he  signed  his  name  thereto  by  like  authority. 
And  also,  on  the  2Qth  day  of  September,  1903,  before  me 
personally  appeared  Charles  A.  Dean,  to  me  known,  who 
being  by  me  first  duly  sworn,  did  depose  and  say  that  he 
was  the  President  of  National  Surety  Company  of  New 
York,  the  corporation  of  that  name  described  in  and  which 
executed  the  foregoing  consent ;  that  he  knew  the  cor- 
porate seal  of  said  company ;  that  one  of  the  seals  affixed 
to  said  consent  was  such  corporate  seal ;  that  it  was  affixed 


Connection  With  Manhattan  Road.  463 

thereto  by  order  of  the  Board  of  Directors  of  such  com- 
pany, and  that  he  signed  his  name  thereto  by  like  author- 
ity. And  also  on  the  28th  day  of  September,  1903,  before 
me  personally  appeared  August  Belmont,  to  me  known, 
who  being  by  me  first  duly  sworn,  did  depose  and  say  that 
he  was  the  President  of  Rapid  Transit  Subway  Construc- 
tion Company,  the  corporation  of  that  name  described  in 
and  which  executed  the  foregoing  consent ;  that  he  knew 
the  corporate  seal  of  said  company ;  that  one  of  the  seals 
affixed  to  said  consent  was  such  corporate  seal ;  that  it  was 
affixed  thereto  by  order  of  the  Board  of  Directors  of  such 
company,  and  that  he  signed  his  name  thereto  by  like  au- 
thority. 

A.  W.  ANDREWS  (39), 
[NOTARIAL]  NOTARY  PUBLIC, 

[     SEAL.     ]  N.  Y.  Co. 


464  Connection  With  Manhattan  Road. 

Approval  by  Corporation  Counsel. 

THE  FOREGOING  CONTRACT  is  HEREBY  APPROVED 
AS  TO  FORM. 

Dated  New  York,  September  i8th,  1903. 
G.  L.  RIVES, 

CORPORATION  COUNSEL. 


Connection  With  Manhattan  Road.  465 

Copy  Resolution  of  16th  July,  19O3. 

WHEREAS,  This  Board  did,  on  the  I4th  day  of  January, 
1897,  and  4th  day  of  February,  1897,  adopt  certain  Routes 
and  General  Plan  for  a  rapid  transit  railroad  in  the  City 
of  New  York,  a  copy  of  which  is  hereto  annexed  entitled 
"Copy  Routes  and  General  Plan" ;  and 

WHEREAS,  The  said  Routes  and  General  Plan  were 
afterward  duly  approved  by  the  municipal  authorities  of 
the  City  of  New  York,  and  were  duly  consented  to  by  com- 
missioners appointed  by  the  Appellate  Division  of  the 
Supreme  Court,  which  consent  was  duly  confirmed  by  the 
said  Appellate  Division,  in  lieu  of  the  consent  of  the  own- 
ers of  a  majority  in  value  of  the  property  along  said 
routes ;  and 

WHEREAS,  thereafter,  and  on  or  about  the  2ist  day  of 
February,  1900,  the  City  of  New  York  did  by  this  Board 
enter  into  a  certain  contract  with  John  B.  McDonald  for 
the  construction  and  operation  of  the  said  rapid  transit 
railroad ;  and 

WHEREAS,  By  written  instrument  bearing  date  the  loth 
day  of  July,  1902,  the  said  John  B.  McDonald,  with  the 
written  consent  of  this  Board,  concurred  in  by  six  mem- 
bers thereof,  duly  assigned  the  right  or  obligation  to  main- 
tain and  operate  the  said  rapid  transit  railroad  for  the 
term  of  years  specified  in  the  said  contract  and  all  rights 
included  in  the  leasing  provisions  of  the  said  contract, 
together  with  the  obligation  to  provide  equipment  for  the 
said  railroad,  unto  Interborough  Rapid  Transit  Company, 
which  company  also  guaranteed  the  performance  by  the 
said  John  B.  McDonald  as  such  contractor,  of  the  pro- 
visions of  his  said  contract  not  so  assigned  to  it ;  and 

WHEREAS,  It  is  the  interest  of  the  City  of  New  York, 
and,  in  the  opinion  of  the  said  John  B.  McDonald,  it  is 
likewise  in  his  interest  as  such  contractor,  and  he  desires 
that  said  Routes  and  General  Plan  shall  be  changed  in  the 
respect  hereinafter  mentioned,  but  without  other  change 
in  the  said  Routes  and  General  Plan ;  now  therefore,  it  is 
RESOLVED,  That,  subject  to  the  consents  and  approvals 
to  be  first  obtained  as  in  these  resolutions  hereinafter  men- 
tioned, the  said  Routes  and  General  Plan  heretofore  adopt- 


466  Connection  With  Manhattan  Road. 

ed  by  this  Board  be,  and  they  hereby  are,  modified  by  add- 
ing to  the  said  routes  the  following,  to  wit : 

And  also  a  branch  or  spur  extending  from  the  line  of  the 
route  aforesaid  on  Westchester  avenue  at  a  point  at  or 
near  the  intersection  of  St.  Ann's  avenue  and  Westchester 
avenue  and  extending  westerly 'along  Westchester  avenue 
(being  in  addition  to  the  tracks  hereinbefore  originally 
provided  over  and  along  such  portion  of  Westchester  ave- 
nue) to  near  Third  avenue  and  from  Westchester  avenue 
turning  southerly  into  Third  avenue  to  a  point  convenient 
for  connection  with  the  railroad  of  the  Manhattan  Rail- 
way Company  over  Third  avenue,  together  with  proper 
connections  by  necessary  and  suitable  switches,  tracks  and 
otherwise,  with  the  rapid  transit  railroad  aforesaid  at  or 
near  the  intersection  of  St.  Ann's  avenue  and  Westchester 
avenue  aforesaid,  and  also  together  wkh  proper  connec- 
tions by  necessary  and  suitable  switches,  tracks  and  other- 
wise with  the  said  railroad  of  the  Manhattan  Railway 
Company  upon  Third  avenue. 

The  general  plan  of  construction  of  the  portion  of  the 
route  hereby  added  shall  be  by  elevated  structure  of  the 
same  character  and  to  be  constructed  in  the  same  manner 
as  is  hereinbefore  provided  for  the  elevated  portion  of  the 
rapid  transit  railroad  over  and  along  Westchester  avenue. 
There  shall  be  at  least  two  parallel  tracks  with  the  right 
at  any  time  to  add  a  third  track  in  the  discretion  of  the 
Board  of  Rapid  Transit  Railroad  Commissioners.  The 
said  connections,  switches  and  tracks  shall  be  so  construct- 
ed as  not  to  interfere  with  the  convenience  of  running  of 
trains  without  change  between  the  portion  of  the  said  rapid 
transit  railroad  over  and  along  Westchester  avenue  and 
east  of  St.  Ann's  avenue,  and  the  portion  of  the  said  rapid 
transit  railroad  running  from  St.  Ann's  avenue  westerly 
along  Westchester  avenue  and  turning  thence  southwes- 
terly towards  and  into  East  One  Hundred  and  Forty- 
ninth  street,  and  as  to  make  convenient  the  running  of 
trains  without  change  between  such  portion  of  the  said 
rapid  transit  railroad  lying  east  of  St.  Ann's  avenue  and 
the  said  elevated  railroad  of  the  Manhattan  Railway  Com- 
pany. 


Connection  With  Manhattan  Road.  467 

In  all  other  respects  the  provisions  of  the  said  general 
plan  of  construction  adopted  January  I4th  and  February 
4th,  1897,  shall  be  applicable  to  the  portion  of  the  route 
hereby  added  ;  and  it  is  further 


,  that,  Whereas  this  Board  has  duly  made  the 
inquiries  and  investigation  necessary  or  proper  in  the 
premises,  and  has  determined  that  the  modification  afore- 
said of  the  said  Routes  and  General  Plan  are  necessary  for 
the  interests  of  the  public  and  of  the  City  of  New  York 
and  should  be  established  as  herein  provided,  this  Board 
does  hereby  determine  and  establish  the  said  Routes  and 
General  Plan  as  hereby  modified,  subject  to  the  consents 
and  approvals  to  be  first  obtained  as  hereinafter  men- 
tioned; and  it  is  further 


That  the  said  modifications  of  Routes  and 
General  Plans  shall  take  effect  only  upon  and  after  the  fol- 
lowing consents  and  approvals  thereto  shall  be  duly  had, 
to  wit: 

1.  The  consent  of  the  Board  of  Aldermen  of  The  City 
of  New  York. 

2.  The  consent  of  the  Mayor  of  The  City  of  New  York. 

3.  The  consent  of  the  owners  of  a  majority  in  value  of 
the  property  along  streets  or  such  portions  of  streets  as  are 
included  in  the  portion  of  the  routes  added  as  aforesaid  ; 
or,  if  such  consents  cannot  be  obtained,  then,  in  lieu  there- 
of, the  determination  of  three  commissioners  to  be  ap- 
pointed by  the  Appellate  Division  of  the  Supreme  Court, 
duly  confirmed  by  the  said  Appellate  Division. 

4.  The  consent  of  the  said  John  B.  McDonald,  contrac- 
tor, and  of  his  sureties,  as  follows  :  Rapid  Transit  Subwav 
Construction  Company;  The  United  States  Fidelity  and 
Guaranty  Company;  The  City  Trust,  Safe  Deposit  and 
Surety  Company  of  Philadelphia  ;  American  Surety  Com- 
pany of  New  York  ;  National  Surety  Company  and  Perry 
Belmont. 

It  is  further  Resolved,  That  this  Board  hereby  adopts 
the  drawing  now  produced  and  entitled  "Board  of  Rapid 


468  Connection  With  Manhattan  Road. 

Transit  Railroad  Commissioners  for  the  City  of  New 
York,  Routes  and  General  Plan  adopted  by  resolution, 
July  16,  1903,"  as  showing  in  general  the  additions  to  and 
modifications  of  the  original  Routes  and  General  Plan 
hereby  adopted,  numbered  one  as  showing  the  modifica- 
tions or  extension  hereby  adopted. 

[Drawing  attached  to  original  agreements.] 


The  City  of  New  York 

By  its  Rapid  Transit  Board. 


WITH 

• 


John    B.   HcDonald, 

Contractor, 
and 

Interborough   Rapid  Transit 
Company. 


AQREEflENT 

Modifying    Contract    for    Construction    and 

Operation  of  Rapid  Transit  Railroad. 

CONTINUING  BOND. 


Dated,  November  24th,  1903. 


Continuing  Bond.  473 

made  this  24th  day  of  November,  in 
the  year  Nineteen  hundred  and  three,  between  THE  CITY 
OF  NEW  YORK  (hereinafter  called  the  City),  acting  by  the 
Board  of  Rapid  Transit  Railroad  Commissioners  for  the 
City  of  New  York  (hereinafter  called  the  Board),  partv 
of  the  first  part,  and  JOHN  B.  MCDONALD,  of  The  City  of 
New  York  (hereinafter  called  the  Contractor),  and  IN- 
TERBOROUGH  RAPID  TRANSIT  COMPANY  (hereinafter  called 
the  Interborough  Company),  parties  of  the  second  part, 

WlTNESSETH  : 

WHEREAS,  Heretofore  and  on  or  about  the  2ist  day  of 
February,  1900,  the  City,  acting  by  the  Board,  entered 
into  a  contract  with  the  Contractor  for  the  construction 
and  operation  of  the  Rapid  Transit  Railroad  in  the  City  of 
New  York  and  otherwise,  as  therein  mentioned,  the  said 
contract  being  hereinafter  styled  the  Contract  for  Con- 
struction and  Operation ;  and 

WHEREAS,  On  or  about  the  2ist  day  of  February,  1900, 
and  immediately  after  the  execution  of  the  Contract  for 
Construction  and  Operation,  the  City,  acting  by  the  Board, 


474  Continuing  Bond, 

entered  into  a  contract  with  the  Contractor  modifying  the 
said  Contract  for  Construction  and  Operation,  the  said 
modifying  contract  being  hereinafter  styled  the  Agree- 
ment for  Modification  of  Contract ;  and 

WHEREAS,  Upon  entering  into  said  Contract  for  Con- 
struction and  Operation  and  said  Agreement  for  Modifica- 
tion of  Contract,  the  Contractor  gave  a  bond  to  the  City 
for  the  performance  of  the  said  Contract  for  Construction 
and  Operation,  with  Perry  Belmont  as  surety  thereon, 
known  as  the  Continuing  Bond,  and  caused  to  be  deposited 
with  the  City  as  collateral  security  therefor  certain  secur- 
ities of  the  value  of  more  than  One  million  dollars 
($1,000,000)  ;  and 

WHEREAS,  The  Contractor,  upon  entering  into  said 
Contract  and  the  said  Agreement,  deposited  with  the 
Comptroller  of  the  City  certain  other  security  for  the  per- 
formance of  the  said  Contract  for  Construction  and  Oper- 
ation, on  his  part,  and  gave  a  certain  other  bond  as  further 
security  for  such  performance,  and  upon  such  bond  there 
are  sureties  as  follows :  Rapid  Transit  Subway  Construe- 


Continuing  Bond.  475 

tion  Company,  The  United  States  Fidelity  &  Guaranty 
Company,  The  City  Trust,  Safe  Deposit  &  Surety  Com- 
pany of  Philadelphia,  American  Surety  Company  of  New 
York,  and  National  Surety  Company ;  and 

WHEREAS,  By  written  instrument  bearing  date  the  tenth 
day  of  July,  1902,  the  Contractor,  with  the  written  consent 
of  the  Board,  concurred  in  by  six  members  thereof,  duly 
assigned  the  right  or  obligation  to  maintain  and  operate 
the  said  Rapid  Transit  Railroad  for  the  term  of  years 
specified  in  the  said  contract  and  all  rights  included  in  the 
leasing  provisions  of  the  said  contract,  together  with  the 
obligation  to  provide  equipment  for  the  said  railroad,  unt j 
Interborough  Rapid  Transit  Company,  which  Company 
also  guaranteed  the  performance  by  the  Contractor  of  the 
provisions  of  his  said  contract  not  so  assigned  to  it ;  and 

WHEREAS,  The  Contractor  and  Perry  Belmont,  the 
surety  upon  said  Continuing  Bond,  desire,  and  the  Board 
approves,  a  modification  of  the  said  Contract  for  Con- 
struction and  Operation ; 


476  Continuing  Bond. 

1ROVP,  tbCrCfOtC,  in  consideration  of  the  pre- 
mises, but  subject  to  the  consents  hereinafter  provided,  it 
is  ftQtCCfr  that  the  said  Contract  for  Construction  and 
Operation,  and  the  said  Agreement  for  Modification  of 
Contract,  be,  and  the  same  hereby  are,  modified  so  as  to 
provide  that  upon  the  receipt  by  the  City,  acting  by  the 
Board,  from  the  Contractor  and  the  Interborough  Com- 
pany of  the  bond  or  deposit  of  cash  or  securities  as  here- 
inafter mentioned,  it  may  consent  to  the  surrender  and 
cancellation  of  the  said  Continuing  Bond  originally  given 
as  aforesaid,  with  Perry  Belmont  as  surety  thereon,  and 
also  to  the  surrender  to  the  Contractor  and  to  the  Inter- 
borough  Company  of  securities  amounting  in  value  to  at 
least  One  million  dollars  ($1,000,000)  deposited  as  afore- 
said, Provided,  however,  and  it  is  expressly  agreed  that 
this  agreement  shall  take  effect  when,  and  only  when  the 
Contractor  and  the  Interborough  Company  shall  give  to 
the  City  in  lieu  of  the  said  Continuing  Bond  so  to  be  can- 
celled a  bond  in  amount  at  least  One  million  dollars 
($1,000,000),  upon  which  the  said  Contractor  and  the  In- 
terborough Company  shall  be  principals,  with  sureties  ap- 


Continuing  Bond.  477 

proved  by  the  Board.     Said  bond  shall  be  a  continuing 
security  and  shall  provide  for  the  prompt  payment  by  the 
said  Contractor  or  the  said  Interborough  Company  of  the 
amount  of  the  annual  rental  specified  in  the  Contract  for 
Construction  and  Operation  and  also  for  the  faithful  per- 
formance by  said  Contractor  and  Interborough  Company 
of  all  the  conditions,  covenants  and  requirements  specified 
and  provided  for  in  said  contract.     The  said  bond  shall, 
except  as  to  names  of  the  sureties,  be  substantially  in  the 
form  hereto  annexed  entitled  "Form  of  Bond."     In  lieu 
of  said  bond  the  said  Contractor  or  the  Interborough 
Company  may,  upon  the  approval  of  the  Board,  deposit 
with  the  Comptroller  of  the  City  cash  equal  in  amount  to 
the  entire  amount  of  the  said  bond  or  securities  which  are 
lawful  for  the  investment  of  the  funds  of  savings  banks 
within  this  State  and  are  worth  not  less  than  the  entire 
amount  of  said  bond. 

Hnfc  it  is  furtber  afreet),  that  the  said  con- 
tract for  Construction  and  Operation  and  the  said  Agree- 
ment for  Modification  of  Contract  be  and  the  same  hereby 
are  modified  so  as  to  provide  that  the  Board  may,  in  case 


47 8  Continuing  Bond. 

any  of  the  sureties  upon  the  said  bond  so  to  be  given  or 
upon  any  bond  to  be  given  in  lieu  thereof  as  hereinafter 
provided  shall  become  insolvent  or  unable  in  the  opinion 
of  the  Board  promptly  to  pay  the  amount  of  such  bond  to 
the  extent  of  which  such  surety  might  be  liable,  then  the 
Contractor  or  the  said  Interborough  Company  within  thir- 
ty days  after  notice  by  the  Board  to  the  Contractor  or  said 
Interborough  Company   shall,  by  supplemental  bond  or 
otherwise,  substitute  another  and  sufficient  surety  in  place 
of  the  surety  so  insolvent  or  unable.     If  the  Contractor  or 
said  Interborough  Company  shall  fail  within  such  thirty 
days  or  such  further  time  as  the  Board  may  grant  to  so 
substitute  another  and  sufficient  surety,  then  the  Contrac- 
tor or  the  Interborough  Company  shall  be  deemed  for  ail 
the  purposes  of  the  Contract  for  Construction  and  Opera- 
tion and  its  modifications  to  be  in  default  in  the  perform- 
ance of  his  or  its  obligations  thereunder  and  the  Board 
may  terminate  the  said  Contract  or  may  bring  any  proper 
suit  or  proceeding  against  the  Contractor  or  the  said  Inter- 
borough Company  or  any  of  their  sureties  or  either  of 


Continuing  Bond.  479 

them,  or  may  require  to  be  deducted  from  any  moneys 
then  in  or  thereafter  coming  into  the  hands  of  the  City 
and  due  to  the  Contractor  or  the  said  Interborough  Com- 
pany the  amount  for  which  the  surety  insolvent  or  unable 
as  aforesaid  shall  have  justified  on  said  bond;  and  the 
moneys  so  deducted  shall  be  held  by  the  Comptroller  as 
collateral  security  for  the  performance  of  the  conditions 
of  the  said  bond. 

Hnfc  it  10  further  a$reeb,  that  the  said  con- 
tract for  Construction  and  Operation  and  the  said  Agree- 
ment for  Modification  of  Contract  be  and  they  hereby  are 

modified  so  as  to  provide  that  the  Board  may,  at  the  re- 
quest of  the  Contractor  or  the  Interborough  Company  and 
as  allowed  by  law,  substitute  for  any  continuing  bond  or 
deposit  given  or  made  by  the  Contractor  or  the  Jnterbor- 
ough  Company  another  bond  or  deposit  to  be  approved  by 
the  Board,  which  said  bond  or  deposit  shall  continue  in 
lieu  of  said  former  bond  or  deposit,  PROVIDED,,  HOWEVER, 
AND  IT  is  EXPRESSLY  AGREED  that  this  agreement  shall 
take  effect  when,  and  only  when,  the  following  consents 


480  Continuing  Bond. 

hereto  shall  be  duly  had,  to  wit:  The  consents,  as  sub- 
joined, of  Rapid  Transit  Subway  Construction  Company, 
The  United  States  Fidelity  &  Guaranty  Company,  The 
City  Trust,  Safe  Deposit  &  Surety  Company  of  Philadel- 
phia, American  Surety  Company  of  New  York,  National 
Surety  Company  and  Perry  Belmont. 

fln     Witne00     WbCrCOf,    This  contract  has  been 
executed  for  the  City  of  New  York  by  its  Board  of  Rapid 

Transit  Railroad  Commissioners,  under  and  by  resolution 
duly  adopted  by  said  Board,  concurred  in  by  more  than 
six  of  its  members,  and  the  seal  of  the  said  Board  has 
been  hereto  affixed  and  these  presents  signed  by  the  Presi- 
dent and  Secretary  of  the  said  Board,  and  the  said  John 
B.  McDonald  has  hereto  set  his  hand  and  seal,  and  the 
said  Interborough  Rapid  Transit  Company  has  caused  its 
corporate  seal  to  be  hereto  affixed  and  attested  by  its  Sec- 
retary and  these  presents  to  be  signed  by  its  President,  all 
the  day  and  year  first  above  written. 

JOHN  B.  MCDONALD, 

[SEAL.] 


Continuing  Bond,  481 

INTERBOROUGH  RAPID  TRANSIT  CO., 

AUGUST  BELMONT, 

PRESIDENT. 
[SEAL.] 

ATTEST  : 

JOHN  T.  BUCK, 

TREAS. 

BOARD  OF  RAPID  TRANSIT  RAILROAD  COM- 
MISSIONERS FOR  THE  CITY  OF  NEW 
YORK, 

By  A.  E.  ORR, 

PRESIDENT. 
[SEAL.] 
BION  L.  BURROWS. 

Approval  by  Comptroller. 

THE  FOREGOING  CONTRACT  is  HEREBY  APPROVED. 
Dated,  New  York,  December  31,  1903. 

EDWARD  M.  GROUT, 

COMPTROLLER. 

Approval  by  Corporation  Counsel. 

THE  FOREGOING   CONTRACT  is  HEREBY   APPROVED 
AS  TO  FORM. 

Dated,  New  York,  December  /th,  1903. 

G.  L.  RIVES, 
CORPORATION  COUNSEL. 


482  Continuing  Bond. 

STATE  OF  NEW  YORK, 


SS.  '. 

COUNTY  OF  NEW  YORK, 

On  this  7th  day  of  January,  1904,  at  the  City  of  Ne\v 
York,  in  said  County,  before  me  personally  appeared 
Alexander  E.  Orr  and  Bion  L.  Burrows,  to  me  known  and 
known  to  me  to  be,  the  said  Alexander  E.  Orr,  the  presi- 
dent, and  the  said  Bion  L.  Burrows,  the  secretary  of  the 
Board  of  Rapid  Transit  Railroad  Commissioners  for  the 
City  of  New  York;  and  the  said  Alexander  E.  Orr  and 
Bion  L.  Burrows,  being  by  me  duly  sworn,  did  depose  and 
say,  each  for  himself  and  not  one  for  the  other,  the  said 
Alexander  E.  Orr,  that  he  resided  in  the  Borough  of 
Brooklyn,  in  the  said  City,  that  he  was  the  president  of 
the  said  Board  and  that  he  subscribed  his  name  to  the 
foregoing  contract  by  virtue  of  the  authority  thereof ;  and 
the  said  Bion  L.  Burrows,  that  he  resided  in  the  Borough 
of  Brooklyn,  in  the  said  City  of  New  York,  that  he  was 
the  secretary  of  the  said  Board,  and  that  he  subscribed  his 
name  thereto  by  like  authority ;  and  both  the  said  Alexan- 
der E.  Orr  and  Bion  L.  Burrows  that  they  knew  the  seal 
of  the  said  Board  and  that  the  same  was  affixed  to  the 


Continuing  Bond.  483 

foregoing  instrument  by  the  authority  of  the  said  Board 
and  of  a  resolution  duly  adopted  by  the  same. 
[SEAL.]  H.  A.  D.  HOLLMANN, 

NOTARY  PUBLIC  FOR  KINGS  COUNTY,  N.  Y. 
Certificate  filed  New  York  County. 


STATE  OF  NEW  YORK.  1 

I  gg  • 

COUNTY  OF  NEW  YORK,  j 

On  this  1 4th  day  of  December,  1903,  before  me  person- 
ally appeared  John  B.  McDonald,  to  me  known  and  known 
to  me  to  be  the  person  and  Contractor  named  in  and  who 
executed  the  foregoing  contract,  and  acknowledged  lo 
me  that  he  executed  the  same. 

A.W.ANDREWS  (39), 
[SEAL.]  NOTARY  PUBLIC, 

N.  Y.  Co. 


484  Continuing  Bond. 

STATE  OF  NEW  YORK, 


ss  ' 
COUNTY  OF  NEW  YORK,  ' 

On  this  I4th  day  of  December,  1903,  before  me  per- 
sonally appeared  August  Belmont,  to  me  known,  who  be- 
ing by  me  first  duly  sworn,  did  depose  and  say,  that  he  re- 
sided in  the  County  of  Nassau,  in  the  State  of  New  York, 
that  he  is  President  of  Interborough  Rapid  Transit  Com- 
pany, the  corporation  described  in  and  which  executed 
the  foregoing  contract ;  that  he  knew  the  corporate  seal 
of  said  Company ;  that  one  of  the  seals  affixed  to  said  con- 
tract was  such  corporate  seal ;  that  it  was  affixed  thereto 
by  order  of  the  Board  of  Directors  of  said  Company,  and 
that  he  signed  his  name  thereto  by  like  authority. 

A.  W.  ANDREWS, 
[SEAL.]  NOTARY  PUBLIC, 

N.  Y.  Co. 


Continuing  Bond.  485 

being  the  sureties  of  John  B. 
McDonald,  the  Contractor  above  mentioned,  upon  the 
continuing  bond  in  the  penalty  of  One  'million  dollars 
($1,000,000)  and  the  bond  for  construction  and  equip- 
ment in  the  penalty  of  Five  million  dollars  ($5,000,000) 
hereby  consent  to  the  making  of  the  foregoing  instrument. 
Dated  New  York,  December  I4th,  1903. 


RAPID  TRANSIT  SUBWAY  CONSTRUCTION  CO., 

By  AUGUST  BELMONT, 

PRESIDENT. 

[SEAL.] 
THE  UNITED  STATES  FIDELITY  & 

GUARANTY  COMPANY, 

By  JOHN  R.  BLAND, 

PRESIDENT. 

[SEAL.] 
ATTEST  : 

GEO.  R.  CALLIS, 

SECRETARY. 

AMERICAN  SURETY  COMPANY  OF  NEW  YORK, 
By  WALTER  S.  JOHNSON, 

VICE-PRESIDENT. 
[SEAL.] 

R.  R.  BROWN, 

ASST.  SECRETARY. 
PERRY  BELMONT.  [SEAL.] 


486  Continuing  B      *. 

NATIONAL  SURETY  COMP^    TY, 

By  Clj  .iS.  A.  DEAN, 

PRESIDENT. 
[SEAL.] 
ATTEST  : 

BALLARD  McCALt, 

SECRETARY. 

THE  CITY  TRUST,  SAFE  DEPOSIT  AND  SURE- 
TY COMPANY  QF  PHILADELPHIA, 

100  Broadway,  N.  Y. 
A.  T.  KIERNAN, 

VICE-PRESIDENT. 
[SEAL.] 
P.  H.  MOONEY, 

ASST.  SECRETARY. 


Co      tuing  Bond.  487 

STATE  OF  NEW  YORK     ' 

•  ss  ' 
COUNTY  OF  NEW  YORK,  ( 

On  this  22nd  day  of  December,  1903,  before  me  per- 
sonally appeared  Perry  Belmont,  to  me  known  and  known 
to  me  to  be  the  individual  described  in  and  who  executed 
the  foregoing  consent,  and  he  acknowledged  to  me  that 
he  executed  the  same. 

A.  W.  ANDREWS, 

[SEAL.]  NOTARY  PUBLIC  (39), 

N.  Y.  Co. 


STATE  OF  NEW  YORK,   ) 

>  ss  * 
COUNTY  OF  NEW  YORK,  j  v 

On  the  nth  day  of  December,  1903,  before  me  person- 
ally appeared  John  R.  Bland,  to  me  known,  who  being  by 
me  first  duly  sworn,  did  depose  and  say  that  he 'was  the 
President  of  the  United  States  Fidelity  &  Guaranty  Com- 
pany, one  of  the  corporations  described  in  and  which  exe- 
cuted the  foregoing  consent;  that  he  knew  the  corporate 
seal  of  said  company ;  that  one  of  the  seals  affixed  to  said 
consent  was  such  corporate  seal ;  that  it  was  affixed  there- 


488  Continuing  Bond. 

to  by  order  of  the  Board  of  Directors  of  such  company, 
and  that  he  signed  his  name  thereto  by  like  authority. 
And  also  on  the  29th  day  of  December,  1903,  before  me 
personally  appeared  Adrian  T.  Kiernan,  to  me  known, 
who  being  by  me  first  duly  sworn,  did  depose  and  say 
that  he  was  the  Vice-President  of  The  City  Trust,  Safe 
Deposit  and  Surety  Company  of  Philadelphia,  one  of  the 
corporations  described  in  and  which  executed  the  forego- 
ing consent ;  that  he  knew  the  corporate  seal  of  said  com- 
pany ;  that  one  of  the  seals  affixed  to  said  consent  was  such 
corporate  seal ;  that  it  was  affixed  thereto  by  order  of  the 
Board  of  Directors  of  such  company,  and  that  he  signed 
his  name  thereto  by  like  authority.  And  also,  on  the  ipth 
day  of  December,  1903,  before  me  personally  appeared 
Walter  S.  Johnston,  to  me  known,  who  being  by  me  first 
duly  sworn,  did  depose  and  say  that  he  was  the  Vice- 
President  of  the  American  Surety  Company  of  New  York, 
one  of  the  corporations  described  in  and  which  executed 
the  foregoing  consent ;  that  he  knew  the  corporate  seal  of 
said  company ;  that  one  of  the  seals  affixed  to  said  consent 
was  such  corporate  seal ;  that  it  was  affixed  thereto  by  or- 


Continuing  Bond.  489 

der  of  the  Board  of  Directors  of  such  company,  and  that 
he  signed  his  name  thereto  by  like  authority.  And  also, 
on  the  25th  day  of  December,  1903,  before  me  personally 
appeared  Charles  A.  Dean,  to  me  known,  who  being  by 
me  first  duly  sworn,  did  depose  and  say  that  he  was  the 
President  of  National  Surety  Company  of  New  York,  one 
of  the  corporations  described  in  and  which  executed  the 
foregoing  consent ;  that  he  knew  the  corporate  seal  of  said 
company ;  that  one  of  the  seals  affixed  to  said  consent  was 
such  corporate  seal ;  that  it  was  affixed  thereto  by  order  of 
the  Board  of  Directors  of  such  company,  and  that  he 
signed  his  name  thereto  by  like  authority.  And  also  on 
the  I4th  day  of  December,  1903,  before  me  personally  ap- 
peared August  Belmont,  to  me  known,  who  being  by  me 
first  duly  sworn,  did  depose  and  say  that  he  was  the  Presi- 
dent of  Rapid  Transit  Subway  Construction  Company, 
one  of  the  corporations  described  in  and  which  executed 
the  foregoing  consent ;  that  he  knew  the  corporate  seal  of 
said  company  ;  that  one  of  the  seals  affixed  to  said  consent 
was  such  corporate  seal ;  that  it  was  affixed  thereto  by 


49°  Continuing  Bond. 

order  of  the  Board  of  Directors  of  such  company,  and  that 

he  signed  his  name  thereto  by  like  authority. 

A.  W.  ANDREWS, 

[SEAL.]  NOTARY  PUBLIC, 

N.  Y.  Co. 


Continuing  Bond.  491 

Form  of  Bond 

KNOW  ALL  MEN  BY  THESE  PRESENTS,  That  JOHN  B. 
MCDONALD  and  INTERBOROUGH  RAPID  TRANSIT  COMPANY 
[hereinafter  called  Interborough  Company]  (the  said  John 
B.  McDonald  and  Interborough  Company  being  herein- 
after called  the  Principals)  and  the  FIDELITY  AND  DEPOSIT 
COMPANY  OF  MARYLAND  and  UNITED  STATES  FIDELITY 
AND  GUARANTY  COMPANY,  both  corporations  of  the  State 
of  Maryland,  carrying  on  business  in  the  State  of  New 
York,  and  having  their  respective  offices  and  usual  places 
of  business  at  No.  35  Wall  Street  and  66  Liberty  street, 
in  the  City  of  New  York  [hereinafter  called  the  Sureties], 
are  held  and  firmly  bound  unto  the  CITY  OF  NEW  YORK 
[hereinafter  called  the  City]  in  the  penal  sum  of  One 
Million  Dollars  ($1,000,000),  lawful  money  of  the  United 
States  of  America,  to  be  paid  to  the  City,  for  which  pay- 
ment well  and  truly  to  be  made  the  said  John  B.  McDon- 
ald binds  himself,  his  executors,  administrators  and  as- 
signs and  Interborough  Company  binds  itself  and  its  suc- 
cessors, and  the  said  Sureties  bind  themselves,  their  suc- 
cessors and  assigns,  jointly  and  severally,  firmly  by  these 
presents,  as  follows : 

The  said  Principals  to  be  so  held  and  bound  in  the  full 
amount  of  the  said  One  million  dollars  ($1,000,000),  and 
each  of  the  said  Sureties  to  be  so  held  and  bound,  and 
bound  only  in  the  sum  of  Five  hundred  thousand  dollars 
($500,000). 

IN  WITNESS  WHEREOF,  John  B.  McDonald  has  hereto 
set  his  hand  and  seal  and  Interborough  Company  and  the 
Sureties  have  caused  these  presents  to  be  duly  executed 
by  their  respective  officers  thereunto  duly  authorized  and 
their  respective  corporate  seals  to  be  hereunto  affixed  this 
7th  day  of  January,  in  the  year  of  our  Lord  one  thousand 
nine  hundred  and  four  (1904). 

WHEREAS,  The  City,  by  its  Board  of  Rapid  Transit  Rail- 
road Commissioners  (hereinafter  called  the  Board)  here- 
tofore entered  into  a  contract  with  John  B.  McDonald, 
bearing  date  the  2ist  day  of  February,  1900,  for  the  con- 
struction and  equipment,  and  after  such  construction  and 
equipment  shall  be  complete,  then  for  the  lease  and  opera- 
tion of  the  Rapid  Transit  Railroad  in  the  City  of  New 


492  Continuing  Bond. 

York,  particularly  described  in  said  contract,  which  con- 
tract was  thereafter  modified  by  certain  amendatory  and 
supplemental  agreements ;  and 

WHEREAS,  upon  entering  into  such  contract  the  said 
John  B.  McDonald  gave  a  bond  to  the  City,  with  Perry 
Belmont  as  Surety  thereon,  known  as  the  Continuing 
Bond,  and  deposited  with  the  City  as  collateral  security 
therefor  certain  securities  of  the  value  of  more  than  One 
million  dollars  ($1,000,000)  ;  and 

WHEREAS,  On  the  loth  day  of  July,  1902,  the  said  John 
B.  McDonald  duly  assigned  to  Interborough  Company  so 
much  of  said  contract  as  provided  for  the  maintenance  and 
operation  of  the  said  Rapid  Transit  Railroad  (including 
the  equipment  thereof) ,  together  with  the  right  or  obliga- 
tion to  maintain  and  operate  the  said  road  or  roads  in  the 
Rapid  Transit  Contract  described  for  and  during  the  re- 
mainder of  the  term  of  years  specified  in  such  contract, 
and  all  rights  with  respect  to  such  maintenance  and  opera- 
tion or  included  in  the  leasing  provisions  of  such  contract, 
subject  to  all  the  terms  and  conditions  therein  stated,  to- 
gether with  all  obligations  assumed  by  said  McDonald  in 
and  by  the  said  Rapid  Transit  Contract  with  respect  to  the 
equipment  of  said  Railroad ;  and 

WHEREAS,  By  such  assignment  Interborough  Company 
assumed  all  the  obligations  whatsoever  of  the  said  Mc- 
Donald in  respect  of  the  portions  of  the  contract  affected 
by  said  assignment  and  agreed  to  carry  out  and  perform 
the  same  and  also  covenanted  with  the  said  City  that  the 
said  McDonald  should  fully  perform  all  the  obligations 
and  comply  with  all  the  provisions  and  terms  of  the  said 
contract  which  were  not  assigned  to  and  assumed  by  In- 
terborough Company,  as  above  set  forth ;  and 

WHEREAS,  The  said  contract  has  been  modified  in  writ- 
ing from  time  to  time  in  other  respects  with  the  consent  of 
both  of  the  parties  thereto  and  of  the  Surety  upon  said 
Continuing  Bond  by  the  amendatory  and  supplemental 
agreements  above  referred  to ;  and 

WHEREAS,  The  said  contract  has  been  especially  and  by 
agreement  between  the  City,  acting  by  the  Board  and  the 
said  John  B.  McDonald  and  Interborough  Rapid  Transit 
Company  with  the  consent  of  Perry  Belmont,  dated  the 


Continuing  Bond.  493 

24th  day  of  November,  1903,  modified  so  as  to  provide 
that  the  City  by  the  Board  may  consent  to  the  surrender 
and  cancellation  of  the  said  bond  originally  given  as  afore- 
said with  Perry  Belmont  as  surety  thereon,  and  may  also 
surrender  to  the  Contractor  and  the  Interborough  Com- 
pany the  securities,  amounting  in  value  to  at  least  One 
million  dollars  ($1,000,000),  deposited  as  aforesaid  (but 
such  surrender  to  be  made  with  the  written  consent  of  the 
Rapid  Transit  Subway  Construction  Company,  which 
originally  made  the  deposit  as  aforesaid)  and  to  accept 
this  bond  in  lieu  of  such  original  bond  and  of  such  secur- 
ities ;  and 

WHEREAS,  The  sureties  on  such  Continuing  Bond  have 
requested  the  City  by  this  Board  to  surrender  such  orig- 
inal bond  and  securities ;  and 

WHEREAS,  The  City,  by  the  Board,  has  accordingly  con- 
sented to  so  surrender  the  said  bond  and  securities 
amounting  in  value  to  at  least  One  million  dollars 
($1,000,000)  deposited  as  aforesaid,  and  to  accept  this 
bond  in  lieu  of  said  bond  and  securities ;  and 

WHEREAS,  Such  consent  has  been  given,  and  such  sur- 
render of  securities  will  be  made  upon  and  only  upon  the 
faith  and  security  of  this  bond ; 

Now,  THEREFORE,  the  condition  of  this  obligation  is 
such  that  if  John  B.  McDonald  and  Interborough  Com- 
pany shall  promptly  pay  the  amount  of  the  annual  rental 
specified  in  said  contract  and  shall  also  faithfully  perform 
all  the  conditions,  covenants  and  requirements  therein  and 
in  any  modifications  thereof,  specified  and  provided,  and 
in  case  of  default  on  the  part  of  Interborough  Company  or 
on  the  part  of  the  said  John  B.  McDonald,  as  provided  in 
Section  34  of  the  Rapid  Transit  Act,  Interborough  Com- 
pany or  said  McDonald  shall  pay  the  amount  of  the  defi- 
ciency therein  mentioned,  then  this  obligation  shall  be  null 
and  void,  but  else  it  shall  remain  in  full  force  and  virtue. 

IT  is  EXPRESSLY  AGREED  between  the  City  and  the  Sure- 
ties and  it  is  upon  such  agreement  that  the  City  accepts 
this  bond,  that  the  Sureties  will  and  do  waive  any  and 
every  notice  of  default  on  the  part  of  Interborough  Com- 
pany or  of  said  McDonald ;  that  they  will  and  do  permit 
the  City  to  extend  the  time  of  Interborough  Company  or 


494  Continuing  Bond. 

of  said  McDonald  to  make  any  payment  or  do  any  act; 
that  no  omission  on  the  part  of  the  City  to  give  any  notice 
or  extension  of  time  granted  by  or  on  behalf  of  the  City 
shall  be  availed  of  by  the  Sureties  as  a  defense  upon  this 
bond;  that  the  Sureties  shall  not  set  up  or  have  any  de- 
fense upon  this  bond  by  reason  of  any  alteration  of  the  said 
contract,  unless  such  alteration  shall  be  represented  by 
formal  written  instrument,  duly  executed,  between  the 
City  and  Interborough  Company  or  said  McDonald,  as  the 
case  may  be,  which  shall  have  been  duly  authorized  by  :i 
vote  of  the  Board,  and  that  in  case  of  such  alteration,  how- 
ever made,  the  same  shall  be  a  defense  to  the  Sureties  only 
to  the  extent  of  the  actual  injury  or  damage  caused  to  the 
Sureties  by  said  alteration. 

IT  is  EXPRESSLY  AGREED  between  the  City  and  the  Sure- 
ties that  the  Sureties  hereby  assume  all  the  obligations 
prescribed  for  sureties  upon  bonds  like  this  by  Chapter  4 
of  the  Laws  of  1891  and  the  various  acts  amendatory 
thereof  (all  such  acts  together  being  known  as  the  "Rapid 
Transit  Act"). 

This  bond  shall  be  a  continuing  security  to  The  City  of 
New  York  for  the  entire  term  of  fifty  (50)  years  after  the 
complete  construction  and  equipment  of  the  Rapid  Transit 
Railroad,  as  prescribed  in  the  said  contract  and  the  several 
modifications  thereof,  and  the  declaration  of  the  Board 
that  the  said  Railroad  and  its  equipment  are  so  complete. 

AND  WHEREAS,  The  said  John  B.  McDonald  deposited 
with  the  City  the  sum  of  One  million  dollars  ($1,000,000) 
in  cash  or  securities  approved  by  the  Board  as  security  for 
the  performance  by  the  said  McDonald  of  some  of  the  acts 
and  things,  the  performance  of  which  is  secured  hereby ; 
and 

WHKREAS,  Contemporaneously  with  the  delivery  and 
execution  of  the  Rapid  Transit  Contract  above  referred  to, 
the  said  John  B.  McDonald  also  delivered  to  the  City  a 
bond  in  the  sum  of  Five  million  dollars  ($5,000,000)  as 
further  security  for  the  performance  by  him  of  some  of 
the  acts  and  things,  the  performance  of  which  is  secured 
hereby ; 

Now,  THEREFORE,  it  is  further  expressly  agreed  be- 
tween the  City  and  the  Sureties  that  the  City  shall  be  at 


Continuing  Bond.  495 

liberty,  in  case  of  any  default  by  the  said  John  B.  McDon- 
ald, or  by  the  Interborough  Rapid  Transit  Company, 
against  whom  this  bond  is  given  as  security,  to  collect  the 
loss  or  damage  to  the  City  caused  thereby  either  from  the 
Sureties  on  this  bond  or  the  sureties  on  such  other  bond  or 
bonds,  or  out  of  the  said  deposit,  or  out  of  all  such  secur- 
ities as  the  City  may  elect. 


INTERBOROUGH  RAPID  TRANSIT  COMPANY, 

By 

ATTEST  : 


By 

ATTEST  : 


By 

ATTEST  : 


RAPID  TRANSIT  RAILWAY  CONTRACT 


INDEX 


Chapters  I  and  II 

Agreement  for  Construction,  Definition  of 10 

Agreement,  Modifying,  as  to  Security 227-252 

Assignability.     Contract  not   assignable   without 

written  consent  all  members  Board 27 

Acceptance  of  work,  Effect  of 36 

Arbitration — on  review  of  Engineer's  determina- 
tion    39 

Abatement  from  price 43 

Accidents,  Indemnification  for 60 

Bergen  Ave.  (i49th  St.)  change 357-3^2 

Board,  Definition  of 7 

Bond  for  Construction  and  Equipment 15 

Bond    for    Construction    and     Equipment — final 

form    213-217 

Bond — Continuing 16 

Bond  Continuing — final  form 473~495 

Board,  who  successors  to 27 

Board,  powers  of  to  amplify  plans,  &c 35 

Construction  to  be  by  sections 3 

Construction  to  be  made  so  as  to  meet  require- 
ments of  lease 6 

City,  Definition  of 7 

Contractor,  Definition  of 7 

Comptroller,  Definition  of 8 

Construction,  Definition  of 10 

Continuing  Bond  16 

Continuing  Bond — final  form 473-495 

Contract  not  assignable  without  written  consent 

whole  Board  27 

City's  covenants  with  Contractor 24 

City  Hall  Change,  etc 281-293 


II  INDEX. 


PAGE. 


City  Officials  not  to  be  interested  in  Contract ....  27 

Co\  enants,  City's  with  Contractor 24 

Construction,  Agreement  for 3I-6j 

Commencement  and  completion  of  work 44 

Cost  of  sites 47 

Cost  of  real  estate  for  sites,  &c 47 

Claim  against  contractor,  Money  held  for 53 

Connection  with  "L"  Road  in  The  Bronx 445-468 

Contractor's  obligation  make  good  damage  to  ad- 
jacent property 59 

Contractor's  liability  for  damage  to  abutting  prop- 
erty    60 

Contractor's  Proposal — form  of 197-204 

Divisions  and  Construction  of  the  Contract 6 

Definitions   6-1 1 

Daily  Newspaper,  Definition  of     1 1 

Deposit  of  $1,000,000  cash,  Conditions  of;  how 

enforced 13 

Deposits,  Return  of 15 

Damage,  Contractor's  Liability  for  to  Abutting 

Property 60 

Damage.     Contractor  admits  plans  involve  none.  59 

Default,  Remedies  on 18 

Default  to  Construction.     Right  of  City  to  com- 
plete Contract  on  Contractor's  Default 18 

Default  in  Construction.       Right  of  City  make 

new  Contract 19 

Default  in  Construction.     Right  to  sue  on  Bond. .  20 

Default  in  Rental.     City's  remedies 20 

Engineer,  Definition  of 8 

Equipment,  Definition  of 9 

Equipment,  Lien  on 17 

Equipment.     When  to  proceed 51 

Engineer,  Approval  of 37 

Powers  of 37 

Engineer's  determination,  how  reviewed 38 

Engineer,  Substitute  for 61 

Engineer's  Decision  on  questions  conclusive,  when  63 

Extra  Work,  Vouchers  for 43 

Excuses  for  Delay  in  Completion 45 


INDEX. 


PAGE. 


Facilities  to  Board  to  be  afforded  by  Contractor.  .  26 
Ft.  George  Change  of  Route  ..................  257-277 

Ft.  Lee  Ferry  Connection  .....................  419-440 

Inspection    .  .  ...............................  37 

Inspection,  Contractor  will  facilitate  ............  61 

Invitation  to  Contractors  —  form  of  .............  183-196 

Labor  Law,  part  of  Contract  —  Provisions  of  ....  28 

Labor  and  Materials,  Evidence  that  Contractor 

has  paid  for  ............................  51 

Lease,  Definition  of  .........................  10 

Lenox  Avenue  Extension  .....................  387-415 

Lien  on  Equipment  .........................  17 

Lien  on  Equipment,  Release  from  ..............  17 

Lien  on  Equipment.     How  enforced  ........  ...  22 

Lien  on  Amounts  payable  Contractor.  How  dis- 

charged   ...............................  52 

Material  excavated  property  of  Contractor  ......  60 

Manhattan  Road,  Connection  with  .............  445-468 

Manner  of  completing  work  ..................  61 

New  York,  Definition  of  .....................  10 

Notice,  Definition  of  ........................  1  1 

Notice.     How  served  .......................  1  1 

Names  of  Sub-contractors  to  be  furnished  Board  .  59 

Operation,  Definition  of  .....................  1  1 

Payments  for  each  Section  ..............  <  ......  5 

Payments  for  Extra  Work  ...................  43 

Payments.     How  made  Contractor  ............  49 

Price  ......................................  33 

Price,  abatement  from  .......................  43 

Penalty  for  Delay  in  Completion  ...............  45 

Plans  and  Contract  Drawings  .................  56 

Railroad,  Definition  of  ......................  8 

Rapid  Transit  Statute,  Definition  of  ............  9 

Rapid  Transit  Act  incorporated  in  contract  ......  1  1 

Rental,  Definition  of  ........................  to 

Rental,  Remedies  on  default  in  ................  20 

Rental  under  the  lease  .......................  6 

Release  from  lien  on  equipment  ...............  17 

Remedies  on  default  ........................  g 


IV  INDEX. 

PAGE. 

Routes  and  General  Plan,  incorporated  in  contract  25 

Described 205-21 1 

Real  Estate  for  Stations,  &c 47 

Real  Estate  for  terminal  and  railroad  purposes, 

how  acquired 49 

Sections  to  be  constructed 3'32 

Security  by  Contractor 12 

Cash  deposit  of  $1,000,000 12 

"         Bond  for  construction  and  equipment ...  15 

"         Continuing  Bond 16 

Siding  and  Broadway  Terminal 297-310 

Specifications  and  Contract  Drawings,  Intention 

of 53 

Specifications,  not  inclusive  of  all  requirements .  .  63 

Supplementary  Drawings 57 

Sub-contractors'  names  to  be  furnished  Board ...  59 

Sewers  and  incidental  work 62 

Taxation — Contractors'  interest  not  taxable 26 

Time  of  completion  of  Contract 44 

Time  of  Completion — Penalty  for  delay 44 

Terminals,  Sites  of 45 

Cost  of 47 

Typographical  error,  correcting 3T5'326 

Traffic  to  be  maintained  on  streets 59 

Vouchers  for  payments 5° 

Work  to  be  done  under  Contract 31 

Work,  Additional,  &c 35 

Specifications 

Back  filling 78 

Brick  Masonry 85 

Cement 81 

Concrete 83 

Contractor's  absence,  orders  how  given 1 59 

Cleaning  up  after  work 1 59 

Conveniences 160 

Description  of  work 67 

Drains  and  Pumps 94 

Excavation    74 

Equipment 157 


INDEX.  V 

PAGE. 

Fences   159 

Grades  and  Lines 1 59 

Iron  and  Steel  96 

Lines  and  Grades 159 

Mortar 82 

Masonry,  Brick   85 

Masonry,  Stone  87 

Mains,  Water 127 

Maintenance  of  and  interference  with  surface  and 

sub-surface  structures  150 

Materials  and  Workmanship 159 

Material,  condemned,  how  removed 161 

Men,  competent  only  employed 161 

Men,  Discharge  of,  on  Notice  from  Engineer.  . .  .  161 

Notice  prior  to  construction 160 

Ordinances  and  Regulations 160 

Painting 102 

Paving 132 

Prosecution  of  Work,  manner  of 70 

Piling  and  Timbering 78 

Pumps  and  Drains 94 

Stone  Masonry 87 

Steel  and  Iron <^6 

Sewers  no 

Street  railroad  tracks,  maintenance  of  and  inter- 
ference with 150 

Sub-surface  structures,  maintenance  of  and  inter- 
ference with   1 50 

Surface  structures,  maintenance  of  and  interfer- 
ence with 1 50 

Stations 151 

Sectional  Construction 161 

Timbering  and  Piling 78 

Tunnelling 70, 

Track I04 

Terminals    156 

Trade  Combinations   161 

Water  proofing QO 

Water  mains 127 

Work,  imperfect 1 


VI  INDBX. 

PAGE. 

Work,  damaged,  how  replaced 160 

Chapter  III. — The  Lease 

Assignability  of  Lease 178 

Assignment  to  Interborough  Rapid  Transit  Co.  ..331-353 

Bond  Continuing — final  form  of 473~495 

Character  of  railroad.     Contractor's  assurances . .  167 

Condition,  Contractor  to  keep  railroad  in  good. . .  171 

Cars  to  be  lighted  and  heated 171 

Default,  City's  powers  on 177 

Equipment,  Schedules  of,  to  be  filed 174 

Equipment  to  be  kept  in  good  order 175 

Equipment,  City's  lien  on 175 

Freight  may  be  carried  on  railroad 176 

Fares    176 

Inspection 173 

Lease,  The 162-179 

Lease,  City  to  buy  Contractor's  property  at  termi- 
nation    177 

Lease,  how  assignable 178 

Motive  Power 172 

Net  proceeds  of  operation 166 

Possession,  to  be  surrendered  at  end  term 163 

Profits,  How  determined 166 

Power,  Motive 172 

Quarterly  Statement  of  Proceeds  of  Operation. .  .165-167 

Rental,  amount 163 

Rental,  when  to  begin 165 

Rental,  when  payable 165 

Return  to  Board  of  Annual  Statement  of  Net  Pro- 
ceeds Operation  166 

Repairs    169 

Rolling  Stock,  Character  of 173 

Rolling  stock  to  be  adequate 174 

Renewal  of  Lease 178 

Standards  of  Railway  Operation 168 

Schedules  of  Equipment  to  be  filed 174 

Term    163 

Trains  to  be  run 168 

Trains,  Express  168 

"       Local  .  168 


INDEX.  VII 

PAGE. 

Safety,  Devices  for  169 

Termination  of  Lease,  City  to  buy  Contractor's 

Property    177 

Ventilation  of  Tunnels,  &c 172 

Waiting-rooms   172 


CHANGES  IN  CONTRACT. 

Changes  of  Route,  Etc. 

Bergen  Ave.  (i49th  St.)  change 357-382 

Bond  Continuing — final  form 473-495 

Broadway  Terminals 297-310 

City  Hall  change 281-293 

Fort  George  change 257-277 

Fort  Lee  Ferry  extension 419-440 

Lenox  Avenue  extension 387-415 

Assignment  to  Interborough  Rapid  Transit  Co.  .331-353 
Connection    with    Manhattan    Railroad    in  The 

Bronx 445-468 

Modifying  Agreement  as  to  Security 225-252 

Correcting  typographical  error 315-326 


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